Larrabee v. Smith

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

By his petition and supporting Memorandum of Law filed on December 30, 1996, petitioner Michael Larrabee, who is presently incarcerated in the Gouverneur Correctional Facility in Gouverneur, New York, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On behalf of respondent, the Attorney General of the State of New York filed a Memorandum of Law in opposition to petitioner’s application on May 22,1997.

Petitioner complains of a judgement of conviction rendered against him on March 31, 1992, in the Jefferson County Court of New York.…