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PRESSLEY v. BENNETT

No. 01 Civ. 5831(RMB)(GWG).

235 F.Supp.2d 349 (2003)

Terry PRESSLEY, Petitioner, v. Floyd BENNETT, Superintendent of the Elmira Correctional Facility, Respondent.

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

January 3, 2003.

Attorney(s) appearing for the Case

Herald Price Fahringer, Lipsitz, Green, Fahringer LLP, New York, NY, for Petitioner.

Ilisa Fleischer, Dist. Atty. Office of NY, New York, NY, for Respondent.

ORDER

BERMAN, District Judge.

I. Background

On June 26, 2001, Petitioner Terry Pressley ("Pressley" or "Petitioner") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 ("Petition") challenging his February 12, 1997 conviction in Supreme Court, New York County, for rape, sodomy, and sexual abuse in violation of N.Y. Penal Law §§ 110/130.65(1), 130.50(1), 130.65(1). On February 9, 1999, the New York State...

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