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TAYLOR v. LOMBARD

No. 62, Docket 79-2072.

606 F.2d 371 (1979)

Thomas E. TAYLOR, Petitioner-Appellant, v. William LOMBARD, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 1, 1979.

Attorney(s) appearing for the Case

Leslie A. Bradshaw, Rochester, N. Y., for petitioner-appellant.

Sharon P. Stiller, Rochester, N. Y. (Lawrence T. Kurlander, Dist. Atty. for Monroe County, on the brief), for respondent-appellee.

Before KAUFMAN, Chief Judge, and NEWMAN and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Thomas E. Taylor appeals from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, J., denying his petition for a writ of habeas corpus. In 1976 appellant was found guilty of assault in the third degree, N.Y. Penal Law § 120.00(1) (McKinney 1975), by a jury in the Justice Court of the Town of Penfield. After trial appellant moved to set aside the verdict, principally on the ground...

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