CRUZ v. BERBARY

No. 03-CV-0596 (VEB).

456 F.Supp.2d 410 (2006)

Jose L. CRUZ, Petitioner, v. James BERBARY, et al., Respondents.

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

October 16, 2006.


Attorney(s) appearing for the Case

Jose L. Cruz, Collins, NY, for Petitioner.

Darren Longo, Esq., Office of the New York State, Buffalo, NY, for Respondents.


DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

INTRODUCTION

Jose L. Cruz ("Cruz") filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Ontario County Court following a jury trial on charges of third degree criminal sale of a controlled substance and second degree menacing. The parties have consented to disposition of this matter by the undersigned pursuant to 28...

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