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MANCUSO v. HARRIS

No. 755, Docket 81-2283.

677 F.2d 206 (1982)

Al MANCUSO, Petitioner-Appellee, v. David R. HARRIS, Superintendent of Greenhaven Correctional Facility and Robert Abrams, New York State Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 13, 1982.

Attorney(s) appearing for the Case

Cynthia Kean, Asst. Dist. Atty. (Elizabeth Holtzman, Dist. Atty., Kings County, of counsel) for respondents-appellants.

Steven Lloyd Barrett, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel, for petitioner-appellee.

Before KAUFMAN and PIERCE, Circuit Judges and HAIGHT, District Judge.

PIERCE, Circuit Judge:

Petitioner Al Mancuso and co-defendants, Dominick Vaccarino and Ronnie Spagna, were indicted for the killing of James Coppola during the course of a burglary of the victim's home on June 28, 1975.1 Mancuso and Spagna were convicted of felony murder (N.Y.Penal Law § 125.25(3)) on May 11, 1978, after a trial before Justice Joseph R. Corso and a jury in the State Supreme Court for the County of Kings. Petitioner...

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