Smith v. Annucci

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK GERALD SMITH, Petitioner, Case # 20-CV-6620-FPG v. DECISION AND ORDER ANTHONY ANNUCCI, Acting Commissioner of DOCCS, Respondent. INTRODUCTION Pursuant to 28 U.S.C. § 2254, Petitioner Gerald Smith brings this pro se habeas Petition to challenge his state-court resentence for attempted burglary. ECF No. 1. Respondent Anthony Annucci, Acting Commissioner of the New York Department of Corrections and Community Supervision (“DOCCS”), opposes the petition. ECF No. 29. For the reasons that follow, Petitioner’s request for habeas relief is…