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DAYE v. ATTORNEY GENERAL OF STATE OF N.Y.

No. 1163, Docket 80-2292.

712 F.2d 1566 (1983)

William DAYE, Petitioner-Appellant, v. ATTORNEY GENERAL OF the STATE OF NEW YORK and Eugene S. LeFevre, Superintendent Clinton Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1983.

Attorney(s) appearing for the Case

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

Meredith Anne Feinman, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Norman Barclay, Asst. Dist. Atty., New York City, on brief), for respondents-appellees.

Before LUMBARD and NEWMAN, Circuit Judges, and METZNER, District Judge.

NEWMAN, Circuit Judge:

This appeal from the denial of a writ of habeas corpus sought by a state prisoner requires consideration of the constitutional limits upon intervention by a state trial judge in a criminal jury trial to the detriment of the accused. William Daye appeals from a judgment of the District Court for the Southern District of New York (Milton Pollack, Judge) dismissing on the merits his habeas corpus petition challenging his state court conviction...

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