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DIAZ v. SCULLY

Nos. 982, 1012, Dockets 86-2310, 86-2311.

821 F.2d 153 (1987)

Carlos DIAZ and Toribio Cintron, Petitioners-Appellants, v. Charles SCULLY and Robert Abrams, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 16, 1987.

Attorney(s) appearing for the Case

Richard B. Lind, New York City, for petitioner-appellant Diaz.

David L. Lewis, New York City (Lewis & Fiore, New York City, of counsel), for petitioner-appellant Cintron.

Robert Abrams, Atty. Gen. of the State of New York, New York City (O. Peter Sherwood, Sol. Gen., Judith A. Gordon, Adina Kling, Asst. Attys. Gen., New York City, of counsel), for respondents-appellees.

Before OAKES, KEARSE, and CARDAMONE, Circuit Judges.

KEARSE, Circuit Judge:

Petitioners Carlos Diaz and Toribio Cintron, New York State prisoners, appeal from judgments of the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, dismissing their petitions for writs of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). The petitions alleged (1) that certain jury instructions at petitioners' joint state-court trial relieved...

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