AGUANNO v. ROSS

No. 88 Civ. 4011.

766 F.Supp. 85 (1991)

William AGUANNO, Petitioner, v. Bert ROSS, Superintendent of Elmira Correctional Facility; Robert Abrams, Attorney General of the State of New York; Elizabeth Holtzman, District Attorney of Kings County, Respondents.

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

June 7, 1991.


Attorney(s) appearing for the Case

Epstein, Hus & Weil by Lloyd Epstein, New York City, for petitioner.

Charles J. Hynes, Dist. Atty., Kings County by Carol Schwartzkopf, Brooklyn, N.Y., for respondents.


MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

High on drugs, William Aguanno and a companion attempted a robbery. Their quarry resisted. In a frenzy of stabbings, Aguanno and his prey were repeatedly wounded. A stab to the heart killed the victim. The two criminals fled, Aguanno covered with his own blood mingled with deceased's.

Tried separately on essentially the same evidence, Aguanno was convicted of common-law murder, while his accomplice...

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