McCargo v. Costello

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Daniel McCargo (“McCargo”) petitions for a writ of habeas corpus from his 1996 conviction in state court, pursuant to 28 U.S.C. § 2254. For the reasons stated below, McCargo’s petition is denied.

On July 1, 1995, at approximately 1:30 a.m., Cathy Sullivan entered a 7-Eleven convenience store in Freeport, New York. Ms. Sullivan had just finished working at her job as a waitress and carried in her purse approximately $210, her earnings from the previous work shift.

While waiting in line to pay for her purchases, Ms. Sullivan felt a tug at her…