HEMINGWAY v. HENDERSON

No. 87-CV-3806 (ERK).

754 F.Supp. 296 (1991)

Timothy HEMINGWAY, Plaintiff, v. Robert J. HENDERSON, Superintendent Auburn Correctional Facility; Robert Abrams, New York State Attorney General; Elizabeth Holtzman, Kings County District Attorney, Defendants.

United States District Court, E.D. New York.

January 8, 1991.


Attorney(s) appearing for the Case

Vivian Shevitz, New York City, for plaintiff.

Ruth E. Ross, Asst. Dist. Atty., Charles J. Hynes, Dist. Atty. of Kings County, Brooklyn, N.Y., for defendants.


MEMORANDUM AND ORDER

KORMAN, District Judge.

Petitioner was convicted, after a jury trial, of murder in the second degree (N.Y. Penal Law § 125.25[3]) and was sentenced to a term of imprisonment of fifteen years to life. In this proceeding, pursuant to 28 U.S.C. § 2254, petitioner seeks to set aside his conviction on a variety of grounds. In an order entered on December 16, 1988, all of the grounds raised by petitioner were rejected with the exception...

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