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UNITED STATES EX REL. ROCHE v. SCULLY

No. 1063, Docket 83-2314.

739 F.2d 739 (1984)

The UNITED STATES of America ex rel. Antonio ROCHE, Relator-Appellant, v. Charles J. SCULLY, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Robert Sadowski, Kew Gardens, N.Y., for relator-appellant.

Stuart L. Sanders, Asst. Dist. Atty., Bronx, N.Y. (Mario Merola, Dist. Atty., Bronx County, Peter D. Coddington, Asst. Dist. Atty., Bronx, N.Y., of counsel), for respondent-appellee.

Before LUMBARD, MANSFIELD and WINTER, Circuit Judges.

MANSFIELD, Circuit Judge:

Antonio Roche appeals from an order of the Southern District of New York, John M. Cannella, Judge, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Roche was convicted in the Supreme Court of the State of New York, Bronx County, of two counts stemming from his possession and sale of heroin. On appeal his counsel successfully argued that his conviction on one count charging sale of heroin must be reversed...

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