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WILSON v. HOKE

No. 231, Docket 90-2497.

945 F.2d 1250 (1991)

Jon WILSON, Petitioner-Appellant, v. Robert HOKE, Superintendent, Eastern New York Correctional Facility, Respondent-Appellee, District Attorney of Monroe County, Intervenor.

United States Court of Appeals, Second Circuit.

Decided October 1, 1991.

Attorney(s) appearing for the Case

Jane Simkin Smith, Millbrook, New York City, for petitioner-appellant.

Wendy Evans Lehmann, Asst. Dist. Atty., Rochester, N.Y. (Howard R. Relin, Dist. Atty., Monroe County, of counsel), for respondent-appellee and intervenor.

Before LUMBARD, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

In 1984, petitioner Jon Wilson was convicted of first degree manslaughter (N.Y.Penal Law § 125.20) for the stabbing death of a high school teacher on school premises. Appealing from Judge Telesca's dismissal of his petition for a writ of habeas corpus, Wilson argues that the Monroe County prosecutor discriminatorily exercised peremptory challenges against two black venirepersons in violation of the Equal Protection Clause of the Fourteenth...

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