BALLARD v. WALKER

No. CV 90-3217.

772 F.Supp. 1335 (1991)

Abraham BALLARD, a/k/a Lawrence Upchurch, Petitioner, v. Hans WALKER, Superintendent of Auburn Correctional Facility and Robert Abrams, Attorney General of the State of New York, Respondents.

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

August 27, 1991.


Attorney(s) appearing for the Case

Jonathan C. Scott, Northport, N.Y., for petitioner Abraham Ballard.

James Catterson, Suffolk County Dist. Atty. by Guy Arcidiacono, Riverhead, N.Y., for respondent Hans Walker.

Robert Abrams, New York State Atty. Gen., Dept. of Law, Hauppauge, N.Y., pro se.


MEMORANDUM AND ORDER

WEXLER, District Judge.

Petitioner Abraham Ballard, a/k/a Lawrence Upchurch, petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, petitioner's application is denied.

BACKGROUND

Petitioner was indicted by a grand jury and charged with: three counts of grand larceny in the second degree, in violation of section 155.40 of the New York Penal Law, two counts...

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