Dearstyne v. Mazzuca

REPORT AND RECOMMENDATION

BIANCHINI, United States Magistrate Judge.

Table of Contents

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I. INTRODUCTION

Petitioner Frank W. Dearstyne (“Dear-styne” or “Petitioner”) is an inmate at the Bare Hill Correctional Facility. In 1991, he was convicted in a New York State court of Attempted Rape in the First Degree, Aggravated Sexual Abuse in the First Degree, and two counts of Endangering the Welfare of a Child. Petitioner contends that his conviction was imposed in violation of his constitutional rights and should therefore be vacated.

The Honorable Norman A.…