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FARRELL v. CZARNETZKY

Nos. 546, 664, Dockets 76-2131, 76-2144.

566 F.2d 381 (1977)

Edward FARRELL, Petitioner-Appellant, v. Jack CZARNETZKY, Superintendent, Eastern Correctional Facility, Respondent-Appellee. Chauncey REIDOUT, Petitioner-Appellee, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 30, 1977.

Attorney(s) appearing for the Case

Barry Bassis, New York City (William E. Hellerstein and William J. Gallagher, New York City, on the brief), for petitioner-appellant Farrell.

Lynn W. L. Fahey, New York City (William E. Hellerstein and William J. Gallagher, New York City, on the brief), for petitioner-appellee Reidout.

Kevin J. McKay, New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City), for respondents.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

PER CURIAM:

After the argument of the instant consolidated appeals, the Supreme Court heard and decided Patterson v. New York, 432 U.S. 197 (1977). We hold that Patterson controls our decision here.

The appeals before us are from judgments entered in the Southern District of New York on state prisoners' petitions for writs of habeas corpus (1) denying Farrell's petition in No. 76-2131, Charles M. Metzner, District...

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