AIMONE v. SCULLY

No. 1163, Docket 87-2227.

849 F.2d 87 (1988)

Sam AIMONE, Petitioner-Appellant, v. Charles SCULLY, Superintendent of Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 13, 1988.


Attorney(s) appearing for the Case

Irving Anolik, New York City, for petitioner-appellant.

Jay B. Damashek, New York City, Asst. Atty. Gen. of State of N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., O. Peter Sherwood, Sol. Gen., Gerald J. Ryan, Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FEINBERG, Chief Judge, and LUMBARD and MINER, Circuit Judges.


PER CURIAM:

Appellant Sam Aimone appeals from an order of the United States District Court for the Southern District of New York, Whitman Knapp, J., denying Aimone's petition for a writ of habeas corpus but granting a certificate of probable cause limited to the issue of whether the trial judge's refusal to grant Aimone a severance violated his constitutional rights. Although Judge Knapp restricted the certificate to a single issue, we are exercising our discretion...

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