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CARSON v. FISCHER

No. 03-CV-4746(ERK)(SC).

317 F.Supp.2d 197 (2004)

Uniko CARSON, Plaintiff, v. Brian FISCHER, Superintendent, Sing Sing Correctional Facility and Elliot Spitzer, New York State Attorney General, Defendants.

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

As Amended June 1, 2004.

Attorney(s) appearing for the Case

Amy Irene Donner, The Legal Aid Society, New York City, for Petitioner.

Traci R. Wilkerson, Office of the District Attorney, Queens County, Kew Gardens, NY, for Respondents.

MEMORANDUM & ORDER

KORMAN, Chief Judge.

Petitioner Uniko Carson seeks habeas corpus relief pursuant to 28 U.S.C. § 2254 from his 1999 conviction for criminal sale of a controlled substance in the first degree. After a jury trial, petitioner was sentenced to a term of imprisonment of 15 years to life. The Appellate Division affirmed the conviction, People v. Carson, 292 A.D.2d 461,

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