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RIVERA v. SMITH

No. 81 Civ. 7558(MEL).

544 F.Supp. 12 (1982)

Jose RIVERA, Petitioner, v. Harold J. SMITH, Warden, Attica Correctional Facility, Respondent.

United States District Court, S. D. New York.

May 18, 1982.

Attorney(s) appearing for the Case

Jose Rivera, pro se.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Mark Dwyer, William J. Comiskey, Asst. Dist. Attys., New York City, of counsel.

LASKER, District Judge.

Jose Rivera was convicted of Murder in the Second Degree in Supreme Court, New York County, in February, 1979. His conviction was affirmed without opinion by the Appellate Division, First Department, 82 A.D.2d 1019, 440 N.Y.S.2d 802 (1st Dept. 1981), and leave to appeal to the New York Court of Appeals was denied on October 5, 1981. He petitions for a writ of habeas corpus, alleging that the trial court's instructions on reasonable doubt, self...

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