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TAMILIO v. FOGG

No. 775, Docket 82-2272.

713 F.2d 18 (1983)

Anthony TAMILIO, Petitioner-Appellee, v. Walter FOGG, Superintendent, Eastern Correctional Facility, and Robert Abrams, Attorney General of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 27, 1983.

Attorney(s) appearing for the Case

Albert J. Brackley, Brooklyn, N.Y., for petitioner-appellee.

Michael Gore, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty. Kings County, and Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., on brief), for respondents-appellants.

Before VAN GRAAFEILAND, PIERCE and WINTER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

In 1977, appellee Anthony Tamilio and two co-defendants were convicted in New York State Supreme Court of two counts of felony murder, N.Y.Penal Law § 125.25(3) (McKinney 1975). Appellee's conviction was affirmed by the Appellate Division, 63 A.D.2d 744, 405 N.Y.S.2d 284 (1978), and leave to appeal was denied by the New York Court of Appeals, 45 N.Y.2d 784, 409 N.Y.S.2d 1042, 381 N.E.2d 177 ...

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