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AGARD v. PORTUONDO

No. 336, Docket 96-2281.

117 F.3d 696 (1997)

Ray AGARD, Petitioner-Appellant, v. Leonard PORTUONDO, Superintendent of Fishkill Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 3, 1997.

Attorney(s) appearing for the Case

Beverly Van Ness, New York City, for Petitioner-Appellant.

Ellen C. Abbot, Assistant District Attorney, Queens County, Kew Gardens, NY (Richard A. Brown, District Attorney, Steven J. Chananie and Robin A. Forshaw, Assistant District Attorneys, of counsel), for Respondent-Appellee.

Before: OAKES, VAN GRAAFEILAND, and WINTER, Circuit Judges.

OAKES, Senior Circuit Judge:

Appellant Ray Agard appeals from the denial of the writ of habeas corpus dated March 15, 1996, and entered March 21, 1996, in the United States District Court for the Eastern District of New York, Reena Raggi, Judge.

Petitioner was convicted on February 25, 1991, in the Supreme Court of the State of New York, Queens County, Justice Arthur J. Cooperman presiding, of first degree sodomy and two counts of third degree...

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