Johnny Pagan v. John P. Keane, Superintendent, Sing Sing Correctional Facility

JON 0. NEWMAN, Circuit Judge:

This habeas corpus appeal concerns primarily the discretion of a district court to hold an evidentiary hearing concerning a petitioner’s factual allegation that he was deprived of a constitutional right. The issue arises on the appeal of Johnny Pagan from the May 28, 1992, judgment of the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) dismissing, without a hearing, his habeas petition challenging his state court conviction for assault, criminal possession of a weapon, and attempted robbery. The District Court ruled…