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DIGIOIA v. SENKOWSKI

92-CV-776.

837 F.Supp. 492 (1993)

James M. DIGIOIA, Petitioner, v. Daniel SENKOWSKI, Superintendent, Clinton Correctional Facility; Hon. Robert Abrams, Attorney General of State of New York, Respondents.

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

November 19, 1993.

Attorney(s) appearing for the Case

John T. Casey, Jr., Albany, New York, for petitioner.

Robert Abrams, Atty. Gen., Albany, NY (Jeffrey M. Dvorin, Asst. Atty. Gen., of counsel), for respondents.

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

BACKGROUND

On January 30, 1989, after a jury found him guilty of three counts of sodomy in the first degree,1 James M. DiGioia was convicted in Rensselaer County Court. The Appellate Division, Third Department affirmed that conviction, People v. DiGioia, 168 A.D.2d 865

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