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LaBRUNA v. U.S. MARSHAL

No. 387, Docket 81-2251.

665 F.2d 439 (1981)

Carmen LaBRUNA, Petitioner-Appellant, v. U. S. MARSHAL, Western District of New York, and Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 25, 1981.

Attorney(s) appearing for the Case

Michael J. Athans, State University of New York at Buffalo School of Law, Buffalo, N. Y. (Rolf Nils Olsen, Jr., Buffalo, N. Y., of counsel), for petitioner-appellant.

Carl E. Stephan, Asst. Atty. Gen., Albany, N. Y. (Robert Abrams, Atty. Gen. of N. Y., William J. Kogan, Asst. Sol. Gen., Albany, N. Y., of counsel), for respondent-appellee Atty. Gen.

Before WATERMAN, OAKES and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Petitioner Carmen LaBruna appeals from a judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, dismissing his application for a writ of habeas corpus for failure to exhaust his state remedies as required by 28 U.S.C. § 2254(b) and (c) (1976).1 LaBruna's underlying contention, that the evidence adduced at his trial was insufficient to support his conviction...

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