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CLARK v. PEREZ

No. 05 Civ. 698(SAS).

450 F.Supp.2d 396 (2006)

Judith CLARK, Petitioner, v. Ada PEREZ, Superintendent Bedford Hills and Eliot Spitzer, Attorney General, State of New York, Respondents.

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

September 21, 2006.

Attorney(s) appearing for the Case

Leon Friedman, Sharon Grobman, New York, NY, Lawrence Lederman, Michael L. Hirschfeld, Milbank, Tweed, Hadley & McCloy LLP, New York, NY, for Petitioner.

Eliot Spitzer, Attorney General for the State of New York, New York, NY, Michael E. Bongiorno, District Attorney of Rockland County, New City, NY, for Respondents.

OPINION AND ORDER

SCHEINDLIN, District Judge.

[W]here denial of the constitutional right to assistance of counsel is asserted, its peculiar sacredness demands that we scrupulously review the record. — Avery v. State of Alabama, 308 U.S. 444, 447, 60 S.Ct. 321, 84 L.Ed. 377 (1940). The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides...

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