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HORNE v. PERLMAN

No. 04-CV-6200.

433 F.Supp.2d 292 (2006)

Mark P. HORNE, Petitioner, v. Kenneth S. PERLMAN, Respondent.

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

May 23, 2006.

Attorney(s) appearing for the Case

Mark P. Horne, Sonyea, NY, pro se.

Raymond C. Herman, Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

I. Introduction

On April 14, 2004, petitioner Mark P. Horne ("Horne") filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Erie County Court on one count of first degree burglary (N.Y. Penal Law § 140.30(4)) and one count of second degree menacing (N.Y. Penal Law § 120.14(1)). Home raised the...

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