Armato v. New York

MEMORANDUM OPINION

EDWARD WEINFELD, District Judge.

Petitioner following his conviction upon a jury verdict was sentenced to an indeterminate term of imprisonment not to exceed 15 years for criminal sale of a dangerous drug, second degree, and a concurrent one year term for criminal possession of a dangerous drug, second degree. He is presently on parole under the supervision of the New York State Board of Parole.1 Now, 12 years after the imposition of sentence, he seeks to vacate the judgment of conviction upon a charge of violation of a federal constitutional right.

Petitioner claims that he…