Legal Opinion
Lopez ex rel. Garcia v. Curry
District Court, S.D. New York
Decided June 26, 1978No. 78 Civ. 653PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
STEWART, District Judge:
This petition for a writ of habeas corpus is brought by Frank A. Lopez as attorney and next friend of Carmen Garcia, a state prisoner presently serving a term of fifteen years to life and a concurrent term of three years after being convicted of criminal possession of a dangerous drug in the first and fourth degrees (simple possession and possession with intent to sell)1 after a joint jury trial with two other defendants in New York Supreme Court, Kings County. At trial the prosecution relied extensively on N.Y. Penal Law § 220.25(1)2 which provides:
T…
2Cases cited23 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Wainwright v. SykesSupreme Court of the United States · 1977
- Mullaney v. WilburSupreme Court of the United States · 1975
- Harrington v. CaliforniaSupreme Court of the United States · 1969
- Leary v. United StatesSupreme Court of the United States · 1969
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3Cited by2 opinions
- Simmons v. DalsheimDistrict Court, S.D. New York · 1982
- Dudley v. DalsheimDistrict Court, S.D. New York · 1981