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DURANT v. STRACK

No. 98-CV-7993 (FB).

151 F.Supp.2d 226 (2001)

Thurman DURANT, Petitioner, v. Wayne STRACK, Superintendent, Fishkill Correctional Facility, Respondent.

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

June 19, 2001.

Attorney(s) appearing for the Case

Erica Horwitz, Appellate Advocates, New York City, for Petitioner.

Richard A. Brown, District Attorney, Queens County by Emil Bricker, Assistant District Attorney, Kew Gardens, NY, for Respondent.

MEMORANDUM AND ORDER.

BLOCK, District Judge.

Petitioner Thurman Durant ("Durant") filed this petition pursuant to 28 U.S.C. § 2254 challenging his January 1996 judgment of conviction in New York Supreme Court, Queens County, for criminal possession of a controlled substance in the third degree and in the seventh degree. The petition asserts that the trial court (1) permitted the prosecutor to violate Batson v. Kentucky,

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