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ARCE v. SMITH

No. 170, Docket 89-2189.

889 F.2d 1271 (1989)

George ARCE, Petitioner-Appellant, v. Harold J. SMITH, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 20, 1989.

Attorney(s) appearing for the Case

Colleen P. Cassidy, The Legal Aid Soc., Federal Defender Services Unit, New York City, for petitioner-appellant.

Sondra S. Holt, Asst. Dist. Atty., Kenneth Gribetz, Dist. Atty., Rockland County, New City, on the brief, for respondent-appellee.

Before FEINBERG and CARDAMONE, Circuit Judges, and METZNER, District Judge.

METZNER, Senior District Judge.

Petitioner appeals from an order denying his second petition for habeas corpus relief. 28 U.S.C. § 2254.

George Arce was convicted of murder and conspiracy in 1974 and was sentenced to a term of 25 years to life. His conviction was upheld on appeal by the New York Appellate Division. People v. Arce, 51 A.D.2d 1043, 381 N.Y.S.2d 328 (2d Dept.1976). The Court of Appeals unanimously...

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