District Court, S.D. New York May 18, 1982, 81 Civ. 7558(MEL) (Rivera v. Smith)

LASKER, District Judge.

Jose Rivera was convicted of Murder in the Second Degree in Supreme Court, New York County, in February, 1979. His conviction was affirmed without opinion by the Appellate Division, First Department, 82 A.D.2d 1019, 440 N.Y.S.2d 802 (1st Dept. 1981), and leave to appeal to the New York Court of Appeals was denied on October 5, 1981.