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DAVIS v. STRACK

No. 00-2286.

270 F.3d 111 (2001)

Ronald DAVIS, Petitioner-Appellant, v. Wayne STRACK, Superintendent, Fishkill Correctional Facility; and Dennis C. Vacco, New York State Attorney General, Respondents-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided October 29, 2001.

Attorney(s) appearing for the Case

Frances Gallagher, The Legal Aid Society, New York, NY, for Appellant.

Rona Feinberg, Assistant District Attorney (Morrie I. Kleinbart, Assistant District Attorney, of counsel), for Robert M. Morgenthau, District Attorney, New York County, New York, NY, for Appellee.

Before LEVAL, SACK, and SOTOMAYOR, Circuit Judges.

LEVAL, Circuit Judge:

This appeal from the denial of a writ of habeas corpus under 28 U.S.C. § 2254 by the United States District Court for the Southern District of New York (Berman, J.) raises the question whether a trial judge's denial of a jury instruction on justification for the use of deadly force requires that the petitioner's convictions for manslaughter and second-degree criminal possession of a weapon...

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