District Court, E.D. New York July 24, 2002, CV 97-2332(RR) (Tucker v. Bennett)

Memorandum and ORDER

RAGGI, District Judge.

David Tucker, proceeding pro se, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994 & Supp.2001). Tucker was convicted in 1991 after a jury trial in New York Supreme Court, Kings County, of Murder in the Second Degree, N.Y. Penal Law § 125.25[3] (McKinney 1998), Attempted Robbery in the First Degree, N.Y.