PAYNE v. LeFEVRE

No. 987, Docket 86-2228.

825 F.2d 702 (1987)

Carl PAYNE, Petitioner-Appellant, v. Eugene S. LeFEVRE, Superintendent of Clinton Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 4, 1987.


Attorney(s) appearing for the Case

Jonathan J. Silbermann, New York City, for petitioner-appellant.

Jessica Hecht, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Barbara D. Underwood, Shulamit Rosenblum, Asst. Dist. Attys., Kings County, Brooklyn, N.Y., of counsel), for respondent-appellee.

Before LUMBARD, OAKES and CARDAMONE, Circuit Judges.


LUMBARD, Circuit Judge:

Carl Payne appeals from an order of the United States District Court for the Eastern District (McLaughlin, J.), dated April 24, 1986, denying his petition for a writ of habeas corpus. On March 30, 1978, Payne was convicted by a jury in New York Supreme Court, Kings County of murder in the first degree, sale of a controlled substance in the third degree, and possession of a controlled substance in the third and fifth degrees. He was subsequently...

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