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TATE v. WOOD

No. 936, Docket 91-2326.

963 F.2d 20 (1992)

Otis TATE, Plaintiff-Appellant, v. Frank W. WOOD, Warden, and the Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 1, 1992.

Attorney(s) appearing for the Case

Abraham L. Clott, Legal Aid Society, Federal Defender Services Appeals Unit, New York City, for plaintiff-appellant.

David Huey, Asst. Dist. Atty. (Francis D. Phillips, II, Dist. Atty. of Orange County, Goshen, N.Y., of counsel), for defendants-appellees.

Before OAKES, Chief Judge, MESKILL and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Otis Tate filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 seeking relief from a 1984 judgment of the Orange County Court, New York, convicting him, upon a guilty plea, of manslaughter in the first degree and sentencing him to an indeterminate term of imprisonment of four and one-half to nine years, to be served consecutively to a prior 18-year federal term of imprisonment. Tate appeals from the May 16...

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