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BELLAVIA v. FOGG

No. 567, Docket 78-2126.

613 F.2d 369 (1979)

Joseph BELLAVIA, Petitioner-Appellant, v. Walter FOGG, Warden, Green Haven Correctional Facility, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 17, 1979.

Attorney(s) appearing for the Case

Domenick J. Porco, New York City (Diller, Schmukler & Asness, New York City, on the brief), for petitioner-appellant.

Allan S. Moller, Asst. Atty. Gen., State of New York, New York City (Robert Abrams, Atty. Gen., and George D. Zuckerman, Asst. Solicitor Gen., New York City, on the brief), for respondent-appellee.

Before WATERMAN, MANSFIELD and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Eastern District of New York, Charles P. Sifton, District Judge, which denied a state prisoner's petition for a writ of habeas corpus, appellant challenges the constitutionality of his state court conviction for possession and sale of cocaine on three grounds: (1) that New York's statutory presumption that the occupants of a motor vehicle which contains narcotic drugs are all knowing possessors...

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