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RAMIREZ v. JONES

No. 966, Docket 81-2431.

683 F.2d 712 (1982)

Felix RAMIREZ, Petitioner-Appellee, v. E. W. JONES, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1982.

Attorney(s) appearing for the Case

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

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

Before KEARSE and PIERCE, Circuit Judges, and LEVAL, District Judge.

PIERCE, Circuit Judge:

On November 11, 1976, appellee Ramirez was involved in an altercation with one Estaban ("Smokey") Casilla during which appellee stabbed Casilla, who later died from the wound. Appellee was indicted for murder in the second degree and tried before Justice Ivan Warner and a jury in New York State Supreme Court, Bronx County. At trial appellee admitted stabbing Casilla, but contended that he had acted in self-defense. On May 4, 1978, appellee was...

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