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McCALL v. RIVERA

No. 05-CV-5583 (KMK)(MDF).

965 F.Supp.2d 311 (2013)

Nigel McCALL, Petitioner, v. Isaac RIVERA, Superintendent, Coxsackie Correctional Facility, and Andrew M. Cuomo, Attorney General of the State of New York, Respondents.

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

June 5, 2013.

Attorney(s) appearing for the Case

Nigel McCall, Coxsackie, N.Y., pro se.

John J. Sergi, Esq. , Joseph M. Latino, Esq. , White Plains, N.Y., for Respondent Isaac Rivera.

OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Nigel McCall ("Petitioner"), proceeding pro se, brings this petition for a writ of habeas corpus ("Petition") pursuant to 28 U.S.C. § 2254. He challenges his New York state conviction, by a jury verdict, on two counts of assault in the first degree, one count of criminal possession of a weapon in the third degree, and one count of false personation. Petitioner claims that: (i) his conviction...

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