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VAZQUEZ v. SCULLY

No. 669, Docket 83-2132.

730 F.2d 868 (1984)

Hector VAZQUEZ, Petitioner-Appellant, v. Charles J. SCULLY, Superintendent, Green Haven Correctional Facility and Robert Abrams, Attorney General, State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 13, 1984.

Attorney(s) appearing for the Case

Randolph Z. Volkell, Prisoners' Legal Services of New York, New York City (David C. Leven, Peggy J. Gartenbaum, Prisoners' Legal Services of New York, New York City, on the brief), for petitioner-appellant.

Grace Brannigan, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., New York City, on the brief), for respondents-appellees.

Before MANSFIELD, PIERCE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Hector Vazquez, who is presently a prisoner in a New York state correctional facility, appeals from the dismissal of his habeas corpus petition. Judge Gagliardi dismissed that petition without prejudice on the ground that Vazquez had never presented his federal claims to a New York state court with appropriate jurisdiction and thus had not exhausted his state remedies. We affirm.

After pleading guilty to the criminal sale of a controlled...

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