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CASILLAS v. SCULLY

No. 1180, Docket 85-2023.

769 F.2d 60 (1985)

Domingo CASILLAS, Petitioner-Appellant, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 25, 1985.

Attorney(s) appearing for the Case

Domenick J. Porco, New York City, for petitioner-appellant.

Richard T. Faughnan, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., on brief), for respondent-appellee.

Before MESKILL, KEARSE and WINTER, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Domingo Casillas, a New York State prisoner, appeals from a judgment of the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, dismissing his petition for a writ of habeas corpus against Charles Scully, Superintendent of Green Haven Correctional Facility (hereinafter the "State"), asserting principally that the refusal of the state trial court to give a lesser-included-offense charge in...

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