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BROWN v. KELLY

No. 1504, Docket 91-2543.

973 F.2d 116 (1992)

Larry BROWN, Petitioner-Appellant, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 19, 1992.

Attorney(s) appearing for the Case

Alfred A. O'Connor, Hempstead, N.Y. (Matthew Muraskin and Kent V. Moston, Legal Aid Soc., Nassau County, of counsel), for petitioner-appellant.

Denis Dillon, Dist. Atty., Nassau County, Mineola, N.Y. (Peter A. Weinstein and Bruce E. Whitney, Asst. Dist. Attys., of counsel), submitted a brief for respondent-appellee.

Before: FEINBERG, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

We review on this appeal the reasons given by a state prosecutor for peremptorily excusing four black venirepersons from sitting as members of a petit jury on the murder trial of Larry Brown, a black defendant. Brown appeals from an October 18, 1991 order of the United States District Court for the Eastern District of New York (Mishler, J.) denying his petition for a writ of habeas corpus. Petitioner was convicted in New York in 1985...

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