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KOHLER v. KELLY

No. 90-CV-957C.

890 F.Supp. 207 (1994)

Arthur KOHLER, Jr., Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

As Amended September 10, 1994.

Attorney(s) appearing for the Case

State University of New York at Buffalo, School of Law (R. Nils Olsen, of counsel), Buffalo, NY, for petitioner.

G. Oliver Koppell, Atty. Gen. of the state of NY (Douglas S. Cream, of counsel), Buffalo, NY, for defendant.

BACKGROUND

CURTIN, District Judge.

Petitioner Arthur Kohler, Jr., brings this habeas corpus action challenging his conviction for first-degree sodomy. Petitioner was indicted in a 24-count indictment by an Erie County grand jury on January 17, 1985. On March 25, 1987, he pleaded guilty to one count of sodomy in the first degree in New York State County Court, Erie County. He was sentenced on May 20, 1987, as a second violent felony offender to an...

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