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DUDLEY v. DALSHEIM

No. 1330, Docket 81-2399.

686 F.2d 110 (1982)

Paul B. DUDLEY, Petitioner-Appellant, v. Stephen DALSHEIM, Superintendent, Downtown Correctional Facility; and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 9, 1982.

As Amended October 12, 1982.

Attorney(s) appearing for the Case

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

Donna Krone, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty. for New York County, and Mark R. Dwyer, Asst. Dist. Atty., New York City, of counsel), for respondents-appellees.

Before CARDAMONE and WINTER, Circuit Judges, and MALETZ, Judge of the United States Court of International Trade.

PER CURIAM:

On August 13, 1974 appellant Paul B. Dudley was convicted of murder in New York State Supreme Court following a jury trial. Government eye-witnesses who knew Dudley testified that appellant approached the victim, and without provocation aimed a gun directly at his head at close range and pulled the trigger. Dudley's sole defense was one of alibi. Two defense witnesses implied that he was elsewhere at the time of the shooting. The intent of the killer was...

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