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ARROYO v. JONES

No. 1267, Docket 82-2072.

685 F.2d 35 (1982)

Pedro ARROYO, Petitioner-Appellee, v. Everett JONES, Superintendent, Great Meadow Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 23, 1982.

Certiorari Denied November 29, 1982.

Attorney(s) appearing for the Case

John D. B. Lewis, New York City (William E. Hellerstein, The Legal Aid Society, New York City, on the brief), for petitioner-appellee.

Mark Dwyer, New York City (Robert M. Morgenthau, Dist. Atty. for New York County, Amyjane Rettew, New York City, on the brief), for respondents-appellants.

Before OAKES, MESKILL, and KEARSE, Circuit Judges.

Certiorari Denied November 29, 1982. See 103 S.Ct. 468.

KEARSE, Circuit Judge:

The State of New York appeals from an order of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, 534 F.Supp. 980, granting the petition of state prisoner Pedro Arroyo for a writ of habeas corpus on the ground that the state trial judge's supplemental jury charge, that "people are presumed to intend...

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