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McMAHON v. HODGES

No. 99 CIV. 10116(DC).

225 F.Supp.2d 357 (2002)

William K. McMAHON, Petitioner, v. Gary HODGES, Warden, Gowanda Correctional Facility, and the Attorney General of the State of New York, Respondents.

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

September 26, 2002.

Attorney(s) appearing for the Case

William A. Gerard, Esq., Palisades, NY, for Petitioner.

Michael E. Bongiorno, Esq., District Attorney of Rockland County by Ellen O'Hara Woods, Esq., Senior Assistant District Attorney, New York City, for Respondents.

OPINION

CHIN, District Judge.

In 1995, petitioner William K. McMahon and Ronald Hall were arrested and indicted in Rockland County for kidnapping, unlawful imprisonment, attempted rape, and assault. Their cases were severed. Hall was tried first and he was convicted by a jury on three of four counts.

The state court judge who presided over Hall's trial was scheduled to try McMahon's case as well. On the eve of trial, at a conference with the...

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