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DAYE v. ATTORNEY GENERAL OF STATE OF NEW YORK

No. 906, Docket 80-2292.

696 F.2d 186 (1982)

William DAYE, Petitioner-Appellant, v. ATTORNEY GENERAL OF the STATE OF NEW YORK and Eugene Le Fevre, Superintendent, Greenhaven Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 9, 1982.

Attorney(s) appearing for the Case

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

Meredith Anne Feinman, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., New York County, Robert M. Pitler, Mark Dwyer, Asst. Dist. Attys., New York City, on the brief), for respondents-appellees.

Before FEINBERG, Chief Judge, and KAUFMAN, OAKES, VAN GRAAFEILAND, MESKILL, NEWMAN, KEARSE, CARDAMONE, PIERCE, and WINTER, Circuit Judges.

Argued to the En Banc Court April 13, 1982.

KEARSE, Circuit Judge:

The issue presented for our en banc consideration in this appeal concerns the standard for determining whether state remedies have been exhausted so as to permit federal habeas corpus review of a state court conviction. Appellant William Daye, a New York state prisoner, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York...

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