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FINK v. BENNETT

No. 9:00-CV-0200 (NPM).

514 F.Supp.2d 383 (2007)

Jay FINK, Petitioner, v. Floyd BENNETT, Superintendent, Elmira Correctional Facility, Respondent.

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

September 26, 2007.

Attorney(s) appearing for the Case

Jay Fink, Malone, NY, pro se.

Hon. Andrew Cuomo, Office of Attorney General, Senta B. Siuda, Esq., Asst. Attorney General, of Counsel, Syracuse, NY, for the Respondent.

MEMORANDUM-DECISION AND ORDER

NEAL P. McCURN, Senior District Judge.

I. Background

A. State Court Proceedings

The testimony at trial revealed that on Saturday evening, August 26, 1995, petitioner, pro se Jay Fink, together with Jack Keller, Walter Hagadorn and his girlfriend, Penny Hendershot, were drinking beer at the home which Hagadorn and Hendershot shared on Prospect Street in Binghamton...

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