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RAYBORN v. SCULLY

No. 1247, Docket 87-2314.

858 F.2d 84 (1988)

Henry RAYBORN, Petitioner-Appellant, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, and Robert Abrams, New York State Attorney General, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 20, 1988.

Attorney(s) appearing for the Case

Abraham L. Clott, The Legal Aid Soc., Federal Defender Services Unit, New York City, for petitioner-appellant.

Morrie I. Kleinbart, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty. for New York County, Marc Frazier Scholl, Asst. Dist. Atty., New York City, of counsel), for respondents-appellees.

Before OAKES, MESKILL and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Henry Rayborn appeals from a judgment of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, dismissing his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Rayborn contended before the district court that the January 26, 1979, judgment of a New York state court convicting him of second-degree murder was unconstitutional because, inter alia, New York state...

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