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HUTCHINGS v. HERBERT

No. 01-CV-6336FE.

260 F.Supp.2d 571 (2003)

Eugene S. HUTCHINGS, Petitioner, v. Victor HERBERT, Superintendent, Attica Correctional Facility, Respondent.

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

April 9, 2003.

Attorney(s) appearing for the Case

Eugene S. Hutchings, Attica, NY, pro se.

Loretta S. Courtney, Monroe County District Attorney's Office, Rochester, NY, for Defendant.

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

Petitioner Eugene S. Hutchings ("Hutchings") filed this petition pro se for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction based on a guilty plea in Monroe County Court on one count of Assault in the First Degree.

BACKGROUND

Factual Background

On the night of December 29, 1997, while visiting complainant Joseph...

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