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HERNANDEZ v. GREINER

No. 01-CV-2240.

305 F.Supp.2d 216 (2004)

Jose HERNANDEZ, Petitioner, v. Charles GREINER, Respondent.

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

February 24, 2004.

Attorney(s) appearing for the Case

Patrick J. Walsh, Esq., Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Petitioner.

Richard A. Brown, Esq., District Attorney, Queens County by John Castellano, Esq., Assistant District Attorney, Kew Gardens, NY, for Respondent.

MEMORANDUM AND ORDER

BLOCK, District Judge.

Petitioner Jose Hernandez ("Hernandez") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court is faced with a core jurisdictional issue: whether it is precluded from considering petitioner's constitutional claims because they were procedurally defaulted due to his assigned counsel's failure to timely perfect his appeal as of right to the State's highest court? The Court denies...

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