Legal Opinion
Lee v. Bennett
District Court, S.D. New York
Decided February 26, 1996No. 95 Civ. 10753 (CLB)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM & ORDER
BRIEANT, District Judge.
By his pro se petition docketed December 21, 1995, Paul Lee, a state prisoner, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 following his conviction in the County Court of the County of Westchester, State of New York, on December 2,1991.
Petitioner, who was convicted of rape in the first degree in violation of Section 130.35 of the New York Penal Law, appears to have exhausted his state remedies. Specifically, as discussed below, he maintained a direct appeal and two separate post conviction motions in the state court system.
The grounds…
2Cases cited17 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Berger v. United StatesSupreme Court of the United States · 1935
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- United States v. Frank Locascio, and John GottiCourt of Appeals for the Second Circuit · 1993
- United States v. CasamentoCourt of Appeals for the Second Circuit · 1989
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3Cited by4 opinions
- Hernandez v. Jackson, Lewis, Schnitzler & KrupmanDistrict Court, S.D. New York · 1998
- Rodriguez v. SmithDistrict Court, S.D. New York · 2007
- Ogletree v. GrahamDistrict Court, N.D. New York · 2008
- Osorio v. ConwayDistrict Court, S.D. New York · 2007