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TWITTY v. SMITH

No. 285, Docket 79-2120.

614 F.2d 325 (1979)

Eugene TWITTY, Petitioner-Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Richard I. Rosenkranz, Brooklyn, N. Y., for petitioner-appellant.

Donald Sticklor, Deputy Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, on brief), for respondent-appellee.

Before GURFEIN, VAN GRAAFEILAND and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Eugene Twitty, a state prisoner, appeals from a judgment of the United States District Court for the Eastern District of New York (Mark A. Costantino, Judge), dismissing his petition for a writ of habeas corpus. The district court held that Twitty had exhausted his state remedies but that his claims lacked merit. We conclude that as to certain of his claims Twitty did not exhaust his remedies in the state court, and that the...

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