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BRINKLEY v. LEFEVRE

No. 740, Docket 79-2179.

621 F.2d 45 (1980)

Charles W. BRINKLEY, Appellant, v. Eugene S. LEFEVRE, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 11, 1980.

Opinion April 8, 1980.

Attorney(s) appearing for the Case

Ronnie Menor, Student Counsel, Georgetown University Law Center, Washington, D. C. (Michael E. Geltner, Georgetown University Law Center, Appellate Litigation Clinic, Washington, D. C., of counsel), for appellant.

Richard A. Finkel, Asst. Dist. Atty., Brooklyn, N. Y. (Eugene Gold, Dist. Atty. of Kings County, Brooklyn, N. Y., of counsel), for appellee.

Before WATERMAN and MANSFIELD, Circuit Judges and WEINSTEIN, District Judge.

PER CURIAM:

Charles W. Brinkley, a state prisoner convicted on August 5, 1975, by the Supreme Court of the State of New York, County of Kings, of felony murder, N.Y.Penal Law § 125.25[3], Laws of 1965, as amended 1967, appeals from an order of the District Court for the Eastern District of New York entered by Judge Thomas C. Platt on July 25, 1979, denying without hearing his petition for a writ of habeas corpus seeking his release on the ground that the State...

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