Graham v. Harris

OPINION

MacMAHON, District Judge.

Petitioner Floyd Graham applies for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254.

In 1973, petitioner was convicted in Supreme Court, Bronx County, of robbery in the first degree and possession of a weapon as a felony, both crimes arising out of the armed robbery of a Bronx tavern in August 1972. The Appellate Division modified the conviction but affirmed it in relevant part, two judges dissenting. People v. Graham, 48 A.D.2d 646, 368 N.Y.S.2d 518 (1st Dep’t 1975). As modified, the conviction was affirmed by the New York Court of Appeals. 39 N.Y.2d 775,…