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PESINA v. JOHNSON

No. 164, Docket 90-2151.

913 F.2d 53 (1990)

Ramiro PESINA, Petitioner-Appellant, v. Sally B. JOHNSON, Superintendent, Orleans Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 14, 1990.

Attorney(s) appearing for the Case

R. Nils Olsen, Jr., Buffalo, N.Y., for petitioner-appellant.

Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of New York, Nancy A. Spiegel, Martin A. Hotvet, Asst. Attys. Gen., Albany, N.Y., of counsel), for respondent-appellee.

Before KAUFMAN, WINTER and MINER, Circuit Judges.

PER CURIAM:

Ramiro Pesina appeals from Judge Curtin's dismissal of his petition for a writ of habeas corpus for failure to exhaust state remedies. One of the federal claims underlying Pesina's petition was raised for the first time and denied in a state collateral action. We affirm because Pesina failed to seek leave to appeal from this denial to the state appellate courts.

Pesina pleaded guilty in County Court to first degree manslaughter, New York Penal...

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