McCOOL v. NEW YORK STATE

No. 96-CV-442F.

29 F.Supp.2d 151 (1998)

John R. McCOOL, Petitioner, v. NEW YORK STATE and Dennis C. Vacco, Attorney General, Respondents.

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

November 20, 1998.


Attorney(s) appearing for the Case

John R. McCool, Huntingdon, Pennsylvania, petitioner pro se.

Dennis C. Vacco, Attorney General of the State of New York (Charles J. Genese, Assistant Attorney General, of Counsel), Rochester, New York, for respondents.


JURISDICTION

FOSCHIO, United States Magistrate Judge.

Petitioner, John R. McCool ("McCool"), initiated this action on July 3, 1996, requesting habeas corpus relief under 28 U.S.C. § 2254. The parties executed a consent to proceed before the undersigned pursuant to 28 U.S.C. § 636(c).

BACKGROUND

McCool was indicted by an Ontario County grand jury on May 5, 1980 and charged with robbery in the first degree, reckless...

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