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FRATARCANGELO v. SMITH

No. 591, Docket 85-2057.

792 F.2d 40 (1986)

Angelo FRATARCANGELO, Petitioner-Appellant, v. Harold J. SMITH, Superintendent of Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1986.

Attorney(s) appearing for the Case

Faith A. Seidenberg, Syracuse, N.Y. (Seidenberg and Strunk, Syracuse, N.Y., on brief), for petitioner-appellant.

Andrea Green, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. and Robert Hermann, Sol. Gen., Albany, N.Y., of counsel), for respondent-appellee.

Before VAN GRAAFEILAND, NEWMAN and MINER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Angelo Fratarcangelo appeals from an order of the United States District Court for the Western District of New York (Telesca, J.) denying his petition for a writ of habeas corpus. We affirm.

In the early morning hours of August 1, 1976, after drinking at a local bar, petitioner Fratarcangelo went to a party at a neighbor's apartment. Petitioner stayed for a couple of hours, drinking several beers while there. Eventually, he...

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