No. 06-CV-0511 (VEB).

778 F.Supp.2d 339 (2011)

Anthony BESTER, Petitioner, v. James T. CONWAY, Superintendent, Respondent.

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

April 21, 2011.

Attorney(s) appearing for the Case

Anthony Bester , Fallsburg, NY, pro se.

Raymond C. Herman , Erie County District Attorney's Office, Buffalo, NY, for Respondent.


VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Pro se habeas petitioner Anthony Bester ("Bester" or "Petitioner") seeks release from state custody pursuant to 28 U.S.C. § 2254. Bester was convicted following a jury trial of murder in the second degree, and two counts of criminal possession of a weapon in the third degree. He is currently serving an aggregate sentence of twenty-five years to life...

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