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RAPETTI v. JAMES

No. 337, Docket 85-2208.

784 F.2d 85 (1986)

Robert RAPETTI, Jr., Petitioner-Appellee, v. Charles JAMES, Superintendent of Collins Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents, Charles James, Superintendent of Collins Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 14, 1986.

Attorney(s) appearing for the Case

Morton N. Wekstein, Yonkers, N.Y. (Wekstein & Fulfree, Yonkers, N.Y., of counsel) for petitioner-appellee.

Lois A. Cullen, Asst. Dist. Atty., Westchester County, N.Y. (Carl A. Vergari, Dist. Atty., Westchester County, Anthony J. Servino, Asst. Dist. Atty., of counsel), for respondent-appellant.

Before PIERCE, MINER and DAVIS, Circuit Judges.

PIERCE, Circuit Judge:

In September, 1983, Robert Rapetti, Jr. and a co-defendant were convicted of two counts of Rape in the Third Degree following a non-jury trial before Judge Howard Miller in the County Court, Westchester County. The convictions were affirmed with opinion on appeal, People v. DiNoia, 105 A.D.2d 799, 481 N.Y.S.2d 738 (2d Dep't 1984), and leave to appeal to the New York Court of Appeals was denied, People...

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