Benton v. Brown

OPINION

SWEET, District Judge.

Craig Benton (“Benton” or the “Petitioner”) has filed his habeas corpus petition pursuant to 28 U.S.C. § 2254 alleging that he is being held in state custody in violation of his federal constitutional rights. Petitioner’s state custody arises from a judgment of conviction entered on December 18, 2002, in the Supreme Court of the State of New York, New York County, convicting him of Assault in the First Degree New York Penal Law (hereinafter, “Penal Law”) § 120.10(1), Robbery in the First Degree (Penal Law § 160.15(1)) and Burglary in the Second Degree (Penal Law §…