TUCKER v. BENNETT

No. CV 97-2332(RR).

219 F.Supp.2d 260 (2002)

David TUCKER, Petitioner, v. Floyd BENNETT, Superintendent, Elmira Correctional Facility, Respondent.

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

July 24, 2002.


Attorney(s) appearing for the Case

David Tucker, Elmira Correctional Facility, Elmira, Petitioner, Pro Se.

Honorable Charles J. Hynes, Kings County District Attorney, Brooklyn, By Ann Bordley, Esq., Assistant District Attorney, Counsel for Respondent.


Memorandum and ORDER

RAGGI, District Judge.

David Tucker, proceeding pro se, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994 & Supp.2001). Tucker was convicted in 1991 after a jury trial in New York Supreme Court, Kings County, of Murder in the Second Degree, N.Y. Penal Law § 125.25[3] (McKinney 1998), Attempted Robbery in the First Degree, N.Y. Penal Law § 110 (McKinney 1998) and § 160.15...

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