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CHALK v. KUHLMANN

Docket No. 00-2165.

311 F.3d 525 (2002)

Richard CHALK, Petitioner-Appellant, v. Robert L. KUHLMANN, Superintendent of Sullivan Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 22, 2002.

Attorney(s) appearing for the Case

Marsha R. Taubenhaus, New York, NY, for Appellant.

Daniel Smirlock, Deputy Solicitor General (Nancy A. Spiegel, Assistant Solicitor General, and Marlene O. Tuczinski, Assistant Solicitor General, on the brief) for Eliot Spitzer, Attorney General of the State of New York, Albany, NY, for Appellee.

Before: MINER, LEVAL, and POOLER, Circuit Judges.

LEVAL, Circuit Judge.

This is an appeal from the denial of a writ of habeas corpus by the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge). Richard Chalk petitioned the district court under 28 U.S.C. § 2254 to set aside his New York conviction for murder, robbery, burglary, and criminal possession of a weapon. He contends the conviction should be set aside by reason...

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