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MIZELL v. ATTORNEY GENERAL OF STATE OF N.Y.

No. 227, Docket 78-2059.

586 F.2d 942 (1978)

James MIZELL, Petitioner-Appellee, v. The ATTORNEY GENERAL OF the STATE OF NEW YORK and ano., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Steven Lloyd Barrett, New York City (The Legal Aid Society, Federal Defender Services Unit, New York City), for petitioner-appellee.

John M. Farrar, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Robert L. Schonfeld, Asst. Atty. Gen., New York City, of counsel), for respondents-appellants.

Before FRIENDLY and MULLIGAN, Circuit Judges, and WYATT, District Judge.

MULLIGAN, Circuit Judge:

James Mizell was convicted on September 10, 1971 in New York Supreme Court, Kings County, of robbery, petty larceny, assault and possession of a dangerous weapon. The record in the state court indicated that a jury of twelve plus two alternates was duly impaneled and sworn late in the afternoon of Wednesday, March 24, 1971. The state court judge gave the jury preliminary instructions and adjourned the case to the following morning. Mizell...

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