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YANEZ v. KEANE

No. 95 Civ. 2259 (CSH)(AJP).

16 F.Supp.2d 364 (1998)

Jose YANEZ, Plaintiff, v. John KEANE, Superintendent, Sing Sing Correctional Facility, Defendant.

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

August 6, 1998.

Attorney(s) appearing for the Case

Murray Richman, Bronx, NY, for Plaintiff.

Avi Lew, Asst. Atty. Gen., New York City, for Defendant.

MEMORANDUM AND ORDER

HAIGHT, District Judge.

Claiming ineffective assistance of counsel, Jose Yanez petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Report and Recommendation dated February 9, 1998, Magistrate Judge Andrew J. Peck recommends that this Court deny Yanez's petition. Yanez objects to Judge Peck's Report and Recommendation on the ground that it overlooks the Second Circuit's recent opinion in Boria...

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