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SOLOMON v. COMMISSIONER OF CORRECTIONAL SERVICES

No. CV 91-4411.

786 F.Supp. 218 (1992)

Matthew J. SOLOMON, Plaintiff, v. COMMISSIONER OF CORRECTIONAL SERVICES, Defendant.

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

February 28, 1992.

Attorney(s) appearing for the Case

Schapiro & Reich by Perry S. Reich, Lindenhurst, N.Y., for plaintiff.

James, Catterson, Suffolk County Dist. Atty. by Mark D. Cohen, Hauppauge, N.Y., for defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

On February 3, 1989, Matthew Solomon ("petitioner") was convicted of Murder in the Second Degree pursuant to New York Penal Law § 125.25[2], depraved mind murder. Having exhausted his state remedies, petitioner now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the following grounds: (1) there was insufficient evidence for a rational jury to have found this to be a case of depraved mind...

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