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MALLETTE v. SCULLY

No. 300, Docket 84-2185.

752 F.2d 26 (1984)

Thomas MALLETTE, Petitioner-Appellant, v. Charles J. SCULLY, Superintendent of Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 28, 1984.

Attorney(s) appearing for the Case

Judd Burstein, New York City, for petitioner-appellant.

Debra W. Petrover, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty. of Kings County, Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, New York, of counsel), for respondent-appellee.

Before NEWMAN, CARDAMONE and DAVIS, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal is from the denial of habeas corpus relief in the Eastern District. Defendant, Thomas Mallette, was convicted in New York State Supreme Court for manslaughter in the first degree after a passenger seated in the front seat of his auto shot and killed a 16-year-old Brooklyn youth. Defendant raises two issues on appeal. He claims, first, that his sentence was enhanced because of his refusal to identify his passenger. Second, he argues...

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