District Court, E.D. New York April 9, 1992, CV 91-4525 (Thebner v. Miller)

MEMORANDUM AND ORDER

WEXLER, District Judge.

On February 11, 1989, Michael Thebner (“petitioner”) was convicted of Manslaughter in the Second Degree pursuant to New York Penal Law § 125.15[1], reckless manslaughter, and was subsequently sentenced to an indeterminate term of incarceration of five to fifteen years. Petitioner now seeks a writ of habeas corpus pursuant to 28 U.S.C.