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FLORES v. DEMSKIE

No. 96 Civ. 2891(MBM).

11 F.Supp.2d 299 (1998)

Rafael FLORES, Petitioner, v. Joseph DEMSKIE, Acting Superintendent, Woodbourne Correctional Facility, Respondent.

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

May 19, 1998.

Attorney(s) appearing for the Case

Jessica S. Henry, Richard Greenberg, Office of the Appellate Defender, New York City, for Petitioner.

Robert T. Johnson, District Attorney, Bronx County, John F. Carroll, Joseph N. Ferdenzi, Stephen Muller, Assistant District Attorneys, Bronx, NY, for Respondent.

OPINION AND ORDER

MUKASEY, District Judge.

However true it may be that, as the judicial bromide has it, hard cases make bad law,1 it is truer still that bad law makes hard cases. This is one of them.

As set forth in greater detail below, the petitioner in this case, Rafael Flores, was convicted in Supreme Court, Bronx County, of sodomy in the first degree in violation...

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