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THOMPSON v. KELLY

No. 997, Docket 93-2618.

22 F.3d 450 (1994)

Michael THOMPSON, Petitioner-Appellant, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 18, 1994.

Attorney(s) appearing for the Case

Samuel F. Prato, Rochester, NY, for petitioner-appellant.

Kevin M. Dillon, Dist. Atty. of Erie County, Buffalo, NY (John J. DeFranks, Eleanor T. Kubiniec, Asst. Dist. Attys., Buffalo, NY, of counsel), for respondent-appellee.

Before: LUMBARD, VAN GRAAFEILAND, and McLAUGHLIN, Circuit Judges.

LUMBARD, Circuit Judge:

Michael Thompson appeals from a judgment entered August 19, 1993 in the Western District of New York (Skretny, J.) dismissing his 28 U.S.C. § 2254 petition for a writ of habeas corpus. In 1980, Michael was jointly tried with his brother Mark in New York Supreme Court, Erie County for a 1979 Buffalo clothing store robbery in which four people were stabbed, two fatally. Neither Michael nor Mark testified. Both defendants' confessions...

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