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BISNETT v. KELLY

No. 97 CV 2127(RR).

221 F.Supp.2d 373 (2002)

Michael BISNETT, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, and Glenn Goord, Commissioner, New York State Department of Correctional Services, Respondents.

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

July 8, 2002.

Attorney(s) appearing for the Case

Law Office of Ronald L. Kuby, New York, By Ronald L. Kuby, Esq., Eve S. Rosahn, Esq., for Petitioner.

Honorable Charles J. Hynes, Kings County District Attorney, Brooklyn, By Thomas Burka, Assistant District Attorney, Andrew Leff, Assistant District Attorney, for Respondents.

Memorandum and ORDER

RAGGI, District Judge.

Michael Bisnett petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994 & Supp.2001). Bisnett was convicted in 1986 after a jury trial in Kings County of Criminal Sale of a Controlled Substance in the First Degree, see N.Y. Penal Law § 220.43[1] (McKinney 2000), Criminal Possession of a Controlled Substance in the First Degree, see N.Y. Penal Law &...

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