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SMITH v. ROCK

No. 05 Civ. 5485 (BSJ)(JCF)

554 F.Supp.2d 505 (2008)

Leon SMITH, Petitioner, v. David ROCK, Superintendent Great Meadow Correctional Facility, Respondent.

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

May 20, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Risa Gerson, Office of the Appellate Defender, New York, NY, for Petitioner.

Alyson J. Gill, Assistant Attorney General, New York, NY, for Respondent.

ORDER

BARBARA S. JONES, District Judge.

Petitioner Leon Smith seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his conviction in New York State Supreme Court, New York County, for robbery in the second degree. Mr. Smith argues that (1) the trial court violated his due process rights by failing to order a competency hearing sua sponte; (2) his trial counsel was ineffective for failing to request a competency hearing...

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