District Court, E.D. New York April 30, 1992, 89 CV 3410 ERK (Claudio v. Scully)

MEMORANDUM AND ORDER

KORMAN, District Judge.

In the early morning hours of May 15, 1980, Steven Zweikert was returning home from a high school prom. As he emerged from the subway in Queens at about 4:00 a.m., he was followed and accosted by four youths. Among them was the petitioner, Angel Claudio, who brandished a gun.