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ALBURQUERQUE v. BARA

No. 967, Docket 80-2023.

628 F.2d 767 (1980)

Hector ALBURQUERQUE, Petitioner-Appellant, v. Raymond BARA, Superintendent of Queensboro Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 31, 1980.

Attorney(s) appearing for the Case

Oren Root, Jr., The Legal Aid Society, New York City (William E. Hellerstein, The Legal Aid Society, New York City, of counsel), for petitioner-appellant.

Clement H. Berne, Asst. Atty. Gen., of the State of New York, New York City (Robert Abrams, Atty. Gen., of the State of New York, George D. Zuckerman, Asst. Sol. Gen., of the State of New York, New York City, of counsel), for respondents-appellees.

Before KAUFMAN and MESKILL, Circuit Judges, and BRIEANT, District Judge.

MESKILL, Circuit Judge:

Hector Alburquerque appeals from a judgment entered in the United States District Court for the Eastern District of New York (Platt, J.) dismissing his petition for a writ of habeas corpus. Alburquerque had sought release from New York State custody following his conviction for robbery in the first degree on the ground that the exemption of women from jury service as provided under a then operative state statute denied him his right to a representative...

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