LEVINE v. COMMISSIONER OF CORRECTIONAL SERVICES

No. 75, Docket 93-2803.

44 F.3d 121 (1995)

Sheldon LEVINE, Petitioner-Appellant, v. COMMISSIONER OF CORRECTIONAL SERVICES, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 3, 1995.


Attorney(s) appearing for the Case

Perry S. Reich, Lindenhurst, NY, for petitioner-appellant.

Christine Duisin, Asst. Atty. Gen., New York City (G. Oliver Koppell, Atty. Gen., State of N.Y., Jerry Boone, Edward D. Saslaw, Asst. Attys. Gen., of counsel), for respondent-appellee.

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


McLAUGHLIN, Circuit Judge:

Sheldon Levine appeals from the dismissal of his petition for a writ of habeas corpus filed in the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge) pursuant to 28 U.S.C. § 2254. In that petition, Levine raised a double jeopardy claim, two due process claims, and an ineffective assistance of counsel claim. The district court held that, because he had failed to raise it before the New...

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