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DAYE v. ATTORNEY GENERAL OF STATE OF N.Y.

No. 906, Docket 80-2292.

663 F.2d 1155 (1981)

William DAYE, Petitioner-Appellant, v. ATTORNEY GENERAL OF the STATE OF NEW YORK and Eugene S. LeFevre, Superintendent, Clinton Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 28, 1981.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellant.

Meredith Anne Feinman, Asst. Dist. Atty., New York City (Robert M. Morganthau, Dist. Atty. of New York County, Norman Barclay, Asst. Dist. Atty., New York City, on the brief), for respondents-appellees.

Before LUMBARD and NEWMAN, Circuit Judges, and METZNER, District Judge.

NEWMAN, Circuit Judge:

William Daye appeals from a judgment of the District Court for the Southern District of New York (Milton Pollack, Judge), dismissing on the merits his petition for habeas corpus challenging the validity of his state court conviction for murder, robbery, and related crimes. We affirm the dismissal without prejudice solely on the ground that state court remedies have not been exhausted. 28 U.S.C. § 2254(b) (1976).

Daye was convicted...

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