No. 1228, Docket 82-2086.

683 F.2d 697 (1982)

Edwin RIVERA, Petitioner-Appellee, v. Philip COOMBE, Jr., Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

Daniel Kinburn, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N. Y., Gerald J. Ryan, Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Judith L. Turnock, Legal Aid Soc., New York City (William E. Hellerstein, New York City, of counsel), for petitioner-appellee.

Before LUMBARD, MOORE and OAKES, Circuit Judges.

LUMBARD, Circuit Judge:

In 1974, the petitioner, Edwin "Teddybear" Rivera, stabbed a man in the back and killed him. He was subsequently convicted of first-degree manslaughter after a jury trial in the Bronx County Supreme Court. On February 11, 1982, the Southern District of New York, Ward, J., 534 F.Supp. 980, granted Rivera's petition for a writ of habeas corpus, holding that the trial court's instruction on intent violated...

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