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MATUSIAK v. KELLY

No. 597, Docket 85-2233.

786 F.2d 536 (1986)

Chester MATUSIAK, Petitioner-Appellant, v. Walter KELLY, Superintendent of Attica Correctional Facility, Elizabeth Holtzman, District Attorney Kings County, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 20, 1986.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, Federal Defender Services Unit, The Legal Aid Soc., New York City, for petitioner-appellant.

Darrell Fields, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara D. Underwood, Asst. Dist. Atty., Kings County, Brooklyn, N.Y., on brief), for respondents-appellees.

Before OAKES, KEARSE and PIERCE, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Chester Matusiak, a New York State prisoner who pleaded guilty to second-degree murder, in violation of N.Y.Penal Law § 125.25(1) (McKinney 1975), appeals from a judgment of the United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, denying his petition, pursuant to 28 U.S.C. § 2254 (1982), for a writ of habeas corpus. Matusiak contends that the district court erred in rejecting...

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