No. 07-CV-6301(VEB).

598 F.Supp.2d 371 (2009)

Duane HILL, Petitioner, v. James A. MANCE, Superintendent of Marcy Correctional Facility, Respondent.

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

February 23, 2009.

Attorney(s) appearing for the Case

Duane Hill, Marcy, NY, pro se.

Michael J. Hillery, Erie County District Attorney's Office, Buffalo, NY, for Respondent.


VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Petitioner pro se Duane Hill ("Hill") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on June 12, 2007. (Docket No. 1). Hill pleaded guilty in Erie County Court to one count of criminal possession of a weapon in the second degree (N.Y. Penal Law § 265.03(2)) and one count of criminal possession of a weapon in the third...

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