BEVERLY v. WALKER

No. 1487, Docket 95-2620.

118 F.3d 900 (1997)

James BEVERLY, Petitioner-Appellant, v. Hans WALKER, Superintendent of Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1997.


Attorney(s) appearing for the Case

Sally Wasserman, New York City, for Petitioner-Appellant.

Martin A. Hotvet, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, Albany, NY, of counsel), for Respondent-Appellee.

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


VAN GRAAFEILAND, Circuit Judge:

James Beverly appeals from a judgment of the United States District Court for the Northern District of New York (Scullin, J.) dismissing his petition for a writ of habeas corpus based in part on a state court's jury instructions concerning reasonable doubt. Finding no constitutional error in the instructions, we affirm.

On October 22, 1985, following a jury trial in Onondaga County Court, Beverly was convicted on six counts...

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