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DIGUGLIELMO v. SMITH

No. 03-2275.

366 F.3d 130 (2004)

Richard DIGUGLIELMO, Petitioner-Appellant, v. Joseph T. SMITH, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 28, 2004.

Attorney(s) appearing for the Case

Andrew H. Schapiro, New York, NY (Mayer, Brown, Rowe & Maw, New York, NY, on the brief), for Petitioner-Appellant.

Robert K. Sauer, Assistant District Attorney, White Plains, NY (Jeanine Pirro, District Attorney of Westchester County, Richard E. Weill, First Deputy District Attorney, White Plains, NY, on the brief), for Respondent-Appellee.

The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY (Darrell B. Fields, Barry D. Leiwant, New York, NY, of counsel), filed a brief for The Legal Aid Society as Amicus Curiae in support of Appellant.

Before: KEARSE, CABRANES, and KATZMANN, Circuit Judges.

PER CURIAM.

This case returns to us following a renewed petition for habeas corpus by petitioner Richard D. DiGuglielmo, a New York State ("State") prisoner, after this Court dismissed his first petition because of his failure to exhaust his state-court remedies. See DiGuglielmo v. Senkowski, 42 Fed.Appx. 492, 495-496, 2002 WL 1162791, at **3, 4 (2d Cir. June 3, 2002) ("DiGuglielmo I"). DiGuglielmo, convicted in state court of second-degree murder, appeals...

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