McCARGO v. COSTELLO

No. 99-CV-6069 ADS.

235 F.Supp.2d 173 (2002)

Donald McCARGO, Petitioner, v. Joseph COSTELLO, Superintendent, Mid-State Correctional Facility, Respondent.

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

December 6, 2002.


Attorney(s) appearing for the Case

Donald McCargo, Rome, NY, Petitioner, pro se.

Denis Dillon, District Attorney of Nassau County, Mineola, NY, by Assistant District Attorneys Tammy J. Smiley and Daniel T. Butler, for Respondent.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Daniel McCargo ("McCargo") petitions for a writ of habeas corpus from his 1996 conviction in state court, pursuant to 28 U.S.C. § 2254. For the reasons stated below, McCargo's petition is denied.

On July 1, 1995, at approximately 1:30 a.m., Cathy Sullivan entered a 7-Eleven convenience store in Freeport, New York. Ms. Sullivan had just finished working at her job as a waitress and carried...

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