District Court, E.D. New York August 31, 1987, No. CV-87-1314 (Herrera v. Kelly)

MEMORANDUM AND ORDER

GLASSER, District Judge:

I. Introduction

Petitioner Carlos A. Herrera was convicted, after a jury trial in the New York State Supreme Court for Suffolk County, of criminal sale of a controlled substance in the first degree, N.Y. Penal Law § 220.43 (McKinney 1980), and conspiracy in the second degree, id. § 105.15 (McKinney Supp. 1987).