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GLENN v. BARTLETT

No. 83, Docket 95-2807.

98 F.3d 721 (1996)

Otis GLENN, a/k/a Sammy McBride, Petitioner-Appellant, v. George BARTLETT, Superintendent of Elmira Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 24, 1996.

Attorney(s) appearing for the Case

Howard K. Broder, Rochester, NY, for Petitioner-Appellant.

Frank K. Walsh, Albany, NY, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, of Counsel), for Respondent-Appellee.

Before: FEINBERG, CARDAMONE and McLAUGHLIN, Circuit Judges.

FEINBERG, Circuit Judge:

Petitioner Otis Glenn appeals from an order entered in November 1995 in the United States District Court for the Northern District of New York, Con G. Cholakis, J., dismissing his habeas petition pursuant to 28 U.S.C. § 2254. Glenn asserts that the district court erred in holding that his challenges to racial statements made by the prosecution during his state trial and to application of New York's "automobile presumption"

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