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MITCHELL v. SMITH

No. 128, Docket 79-2208.

633 F.2d 1009 (1980)

James MITCHELL, Petitioner-Appellant, v. Harold J. SMITH, Warden, Attica Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 4, 1980.

Certiorari Denied January 12, 1981.

Attorney(s) appearing for the Case

Barry Bassis, New York City (The Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Cynthia Kean, Brooklyn, N.Y. (Eugene Gold, Dist. Atty., Brooklyn, N.Y., on the brief), for respondents-appellees.

Before TIMBERS, Van GRAAFEILAND and NEWMAN, Circuit Judges.

Certiorari Denied January 12, 1981. See 101 S.Ct. 879.

TIMBERS, Circuit Judge:

James Mitchell was convicted on the testimony of three eye witnesses of second degree murder in the New York Supreme Court, Kings County. He currently is serving a sentence of 25 years to life in the Attica Correctional Facility. He petitioned the District Court for the Eastern District of New York, Thomas C. Platt, Jr., District Judge, for a writ of habeas corpus, alleging...

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