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PEREZ v. JONES

No. 743, Docket 90-2336.

935 F.2d 480 (1991)

Neftali PEREZ, Appellant, v. Everett JONES, Superintendent, Great Meadow Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Abraham L. Clott, New York City (The Legal Aid Society, Federal Defender Services Appeals Unit, New York City, of counsel), for appellant.

Marc Frazier Scholl, Asst. Dist. Atty., New York County, N.Y. (Robert M. Morgenthau, Dist. Atty., New York County, N.Y., Nancy J. Dunn, Asst. Dist. Atty., of counsel), for appellees.

Before LUMBARD, WINTER and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

Following remand from the Supreme Court, 490 U.S. 1033, 109 S.Ct. 1928, 104 L.Ed.2d 400, we again consider Neftali Perez's appeal from a dismissal by the Southern District of New York, John E. Sprizzo, Judge, of Perez's petition for a writ of habeas corpus.1 Perez is imprisoned for his 1980 conviction, after a jury trial in New York County Supreme Court, of murder in the second degree. He was sentenced to...

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