SMITH v. McGINNIS

Docket No. 99-2227

208 F.3d 13 (2000)

Kevin SMITH, Petitioner-Appellant, v. Michael McGINNIS, Superintendent, Southport Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 13, 2000


Attorney(s) appearing for the Case

Robert J. Boyle, New York, NY, for Petitioner-Appellant.

Amy Applebaum, Assistant District Attorney, (Charles J. Hynes, Kings County District Attorney, Roseann B. MacKechnie, Assistant District Attorney) Brooklyn, NY, for Respondent-Appellee.

Before: POOLER, McLAUGHLIN, and SACK, Circuit Judges.


PER CURIAM:

Kevin Smith appeals from the March 26, 1999, judgment of the United States District Court for the Eastern District of New York (Raymond J. Dearie, J.) dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2244(d).

BACKGROUND

A Kings County jury convicted Smith in 1987 of second-degree murder and second and third-degree criminal possession of a weapon. Smith...

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