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HARRISON v. RICKS

No. CV 01 0534.

326 F.Supp.2d 372 (2004)

Rashon HARRISON, Petitioner, v. Thomas RICKS, Superintendent, Upstate Correctional Facility, and Eliot Spitzer, New York State Attorney General, Respondents.

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

July 21, 2004.

Attorney(s) appearing for the Case

Svetlana M. Kornfeind, Esq., The Legal Aid Society, Criminal Appeals Bureau, NY, for Petitioner.

Richard A. Brown, District Attorney, Queens County by John M. Castellano, Alyson J. Gill, and Donna Aldea, Assistant, District Attorneys, Kew Gardens, NY, for Respondents.

MEMORANDUM & ORDER

DEARIE, District Judge.

Petitioner Rashon Harrison seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, petitioner's application is denied, and the petition is dismissed.

Background

I. Procedural History

Following a jury trial, on April 3, 1997, petitioner was convicted of Criminal Sale of a Controlled Substance in the Third Degree in violation of N.Y. Penal Law...

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