GONZALEZ v. KUHLMAN

No. 94 Civ. 6502 (LAK).

911 F.Supp. 120 (1995)

George GONZALEZ, Petitioner, v. Robert H. KUHLMAN, Superintendent, Sullivan Correctional Facility, Respondent.

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

December 29, 1995.


Attorney(s) appearing for the Case

George Gonzalez, Petitioner Pro Se.

Robert L. Moore, Gary Casimir, Assistant District Attorneys and Robert T. Johnson, Bronx County District Attorney, Bronx, NY, for Respondent.


OPINION

KAPLAN, District Judge.

George Gonzalez, a/k/a Richard Toscano, has petitioned the Court for a writ of habeas corpus, claiming that his New York State robbery conviction was obtained, and his sentence imposed, in violation of his federal constitutional rights. Petitioner subsequently withdrew the portion of his claim that relates to his conviction. The Court holds that the manner in which petitioner was sentenced deprived him of due process of law...

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