Capellan v. Riley

OPINION

TENNEY, District Judge.

Feliberto Capellán (“Capellán”) petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988). Capellán was convicted, upon a plea of guilty, in the New York State Supreme Court, New York County, of criminal possession of a controlled substance in the second degree, N.Y. Penal Law § 220.18(1) (McKinney 1984) (“Penal Law”), and was sentenced to a term of imprisonment of six years to life (Rothwax, J.). The Appellate Division affirmed the conviction, 159 A.D.2d 324, 552 N.Y.S.2d 601 (1st Dep’t 1990), reargument denied, 1990 N.Y.App.Div. LEXIS…