MANCUSO v. SCULLY

No. 1025, Docket 86-2451.

818 F.2d 1 (1987)

Al MANCUSO, Plaintiff-Appellant, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Robert Abrams, Attorney General of the State of New York, and Elizabeth Holtzman, District Attorney of Kings County, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 30, 1987.


Attorney(s) appearing for the Case

Jane Simkin Smith (Vivian Shevitz, Brooklyn, N.Y., of counsel), for plaintiff-appellant.

Janet M. Berk (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara B. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., of counsel), for defendants-appellees.

Before KAUFMAN, MESKILL and MAHONEY, Circuit Judges.


PER CURIAM:

In Mancuso v. Harris, 677 F.2d 206 (2d Cir.), cert. denied, 459 U.S. 1019, 103 S.Ct. 382, 74 L.Ed.2d 514 (1982), we held that the jury instructions at petitioner-appellant's New York criminal trial for felony murder did not violate Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). Accordingly, we reversed the grant of a writ of habeas corpus by...

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