Dominick v. Greiner

WEINSTEIN, Senior District Judge.

The petition for a writ of habeas corpus is denied. A hearing is not necessary. The case can be decided on the papers. This order and judgment briefly addresses petitioner’s claims.

Evidence at trial was that a couple, Jack Vincent (a.k.a. “Jack Smith”) and Elizabeth Smith, purchased heroin from petitioner, who then put a gun to Vincent’s head, demanded money, and took $117 from him. The police were immediately alerted and petitioner was apprehended within minutes. A gun was not found but $117 was recovered from him. During the course of the trial petitioner…