Miller v. Fennessey

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK MELVIN H. MILLER, Petitioner, v. 20-CV-354-JLV SUPERINTENDENT FENNESSY, Respondent. DECISION AND ORDER This case was referred to the undersigned by the Hon. Lawrence J. Vilardo, pursuant to 28 U.S.C. § 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions. Dkt. No. 13. Petitioner Melvin H. Miller (“Petitioner”), an inmate of the New York State Department of Corrections and Community Supervision, challenges the constitutionality of his conviction after a non-jury trial in Wyoming County Court of three…