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SMITH v. MANN

No. 98-2201.

173 F.3d 73 (1999)

Todd SMITH, Petitioner-Appellant, v. Louis F. MANN, Warden, Shawangunk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1999.

Attorney(s) appearing for the Case

Eugene B. Nathanson, (Janice DeYoung, on the brief), New York, New York, for Petitioner-Appellant.

Marlene O. Tuczinski, Assistant Attorney General, (Peter H. Schiff, Deputy Solicitor General, Dennis C. Vacco, Attorney General of the State of New York, Peter G. Crary, Assistant Attorney General, on the brief), Albany, New York, for Respondent-Appellee.

Before: WALKER, CABRANES, Circuit Judges, and TSOUCALAS, Judge.

JOHN M. WALKER, JR., Circuit Judge:

Habeas corpus petitioner, Todd Smith, appeals from the district court's denial of his petition to vacate his state conviction on the ground that his trial in absentia violated his rights under the Sixth and Fourteenth Amendments to the Constitution.

Smith was arraigned on December 22, 1988 before Broome County Court in the State of New York on an indictment alleging felony sale and possession of cocaine. After...

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