No. 05-CV-6510(VEB).

462 F.Supp.2d 383 (2006)

Darrell GOSTON, Petitioner, v. Israel RIVERA, Superintendent, Respondent.

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

November 22, 2006.

Attorney(s) appearing for the Case

Darrell Goston, Malone, NY, pro se.

Steven Meyer, Erie County District Attorney's Office, Buffalo, NY, for Respondent.


BIANCHINI, United States Magistrate Judge.


On or about September 1, 2005, petitioner Mark Goston ("Goston") filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Erie County Court on two counts of first degree robbery (N.Y. Penal Law § 160.15(2), (4)) and one count of third degree criminal possession of a weapon (N.Y. Penal Law § 265.02...

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