Legal Opinion

Smith v. Scully

District Court, S.D. New York

Decided September 25, 1984No. 83 Civ. 6712 (VLB)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

Petitioner seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, to set aside a judgment of the New York State Supreme Court convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree and reckless endangerment in the first degree.

Petitioner was sentenced as a second felony offender on the basis of a conviction pursuant to a plea of guilty to a charge of first degree forgery in the State of Georgia in November of 1970.

The New York State Appellate Division affirmed the…

2Cases cited30 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Stone v. PowellSupreme Court of the United States · 1976
  4. Blackledge v. AllisonSupreme Court of the United States · 1977
  5. McCarthy v. United StatesSupreme Court of the United States · 1969

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3Cited by2 opinions

  1. Ollie J. Davis v. State of Nebraska Frank Gunther, Warden for the State of Nebraska Karen Shortridge, Warden for the Omaha Correctional CenterCourt of Appeals for the Eighth Circuit · 1992
  2. Smith v. ScullyCourt of Appeals for the Second Circuit · 1985

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