WOODS v. KELLY

No. 97-CV-5564 (ADS).

182 F.Supp.2d 311 (2002)

Lumumba WOODS, Petitioner, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

January 24, 2002.


Attorney(s) appearing for the Case

Lumumba Woods, Dannemora, NY, Petitioner pro se.

Thomas J. Spota, District Attorney of Suffolk County by Susan I. Britman, Asst. District Attorney, Riverhead, NY, for Respondent.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Lumumba Woods ("Petitioner") by his application dated September 8, 1997, seeks a writ of habeas corpus from his 1992 conviction in Supreme Court, Suffolk County for Murder in the Second Degree under N.Y. Penal Law § 125.25(3).

In the early morning of July 23, 1991, the Petitioner drove to Amityville, New York, approached the victim and demanded money from him. When the victim refused...

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