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DAILY v. PEOPLE OF STATE OF NEW YORK

No. 02 Civ. 2725(PKC)(FM).

388 F.Supp.2d 238 (2005)

James DAILY, Petitioner, v. The People of the State of NEW YORK, Respondent.

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

July 22, 2005.

Attorney(s) appearing for the Case

James Daily, Coxsackie, NY, pro se.

ORDER ADOPTING REPORT AND RECOMMENDATION

CASTEL, District Judge.

In November 1998 after a jury trial in the New York Supreme Court, New York County, petitioner James Daily was convicted of one count of Robbery in the First Degree (N.Y. Penal Law § 160.15(4)), one count of Robbery in the Second Degree (N.Y. Penal Law § 160.10(1)), two counts of Attempted Robbery in the First Degree (N.Y. Penal Law §§ 110.00, 160.15(2) and 160.15...

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