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PANUCCIO v. KELLY

No. 630, Docket 90-2313.

927 F.2d 106 (1991)

Frank PANUCCIO, Petitioner-Appellant, v. Walter KELLY, Superintendent of Attica Correctional Facility; Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Judd Burstein, New York City, for petitioner-appellant.

Emil Bricker, Asst. Dist. Atty. (John J. Santucci, Dist. Atty., for Queens County, of counsel), for respondents-appellees.

Before FEINBERG, TIMBERS and MINER, Circuit Judges.

FEINBERG, Circuit Judge:

Petitioner Frank Panuccio appeals from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, J., dismissing his petition for a writ of habeas corpus. Having pled guilty to the New York State crime of Manslaughter in the First Degree, Panuccio is now serving a sentence of eight and one-third to 25 years imprisonment. Panuccio claimed in the district court that the trial court should not have...

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