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YOUNG v. ABRAMS

No. 638, Docket 82-2315.

698 F.2d 131 (1983)

Calvin YOUNG, Petitioner-Appellant, v. Robert ABRAMS, Attorney General of the State of New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 7, 1983.

Attorney(s) appearing for the Case

Judd Burstein, New York City (Gerald L. Shargel, New York City, on the brief), for petitioner-appellant.

Thelma Lee, Asst. Dist. Atty., Kew Gardens, N.Y. (John J. Santucci, Dist. Atty., Queens County, Kew Gardens, N.Y., on the brief), for respondent-appellee.

Before TIMBERS, KEARSE, and PIERCE, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner-appellant Calvin Young, a New York State prisoner, appeals from a final judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Chief Judge, denying his petition for a writ of habeas corpus. Petitioner contends that his state court conviction for obscenity in the second degree, in violation of N.Y. Penal Law § 235.05 (McKinney 1980), was unconstitutional because there was no...

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