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MATARESE v. LeFEVRE

No. 736, Docket 83-2389.

801 F.2d 98 (1986)

Vito MATARESE, Petitioner-Appellant, v. Eugene LeFEVRE, Superintendent, Clinton Correctional Facility, and Robert Abrams, Attorney General, State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Final Briefs Submitted February 6, 1986.

Decided September 12, 1986.

Attorney(s) appearing for the Case

Michael Young, New York City, for petitioner-appellant.

Robin Bernstein, Asst. Dist. Atty., Brooklyn, (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, on the brief), for respondents-appellees.

Before VAN GRAAFEILAND, NEWMAN and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Vito Matarese, a New York State prisoner convicted of third-degree robbery, appeals from a final judgment of the United States District Court for the Eastern District of New York, Edward R. Neaher, Judge, dismissing his petition for a writ of habeas corpus which contended, inter alia, that the trial judge's main and supplemental jury charge that "a person is presumed to intend the natural consequences of his act, unless...

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