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BERGER v. STINSON

No. 97-CV-6150L.

97 F.Supp.2d 359 (2000)

Richard G. BERGER, Petitioner, v. James D. STINSON, Superintendent of Great Meadow Correctional Facility, Respondent, and Howard R. Relin, Intervenor-Respondent.

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

May 1, 2000.

Attorney(s) appearing for the Case

Robert M. Simels, Robert M. Simels, P.C., New York City, for Richard G. Berger, petitioner.

Robert Mastrocola, Howard R. Relin, District Attorney of Monroe County, Rochester, NY, for Howard R. Relin, District, Attorney of Monroe County, intervenor-plaintiff.

Howard R. Relin, Monroe County District Attorney, Rochester, NY, for Howard Relin, intervenor-defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Petitioner, Richard Berger, while confined at Great Meadow Correctional Facility, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Berger was convicted on June 13, 1986, following a jury trial in Supreme Court, Monroe County, of Murder in the Second Degree. N.Y.Penal L. § 125.25(1). This charge arose out...

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