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LARREA v. BENNETT

Docket No. 02-2540.

368 F.3d 179 (2004)

Leonardo LARREA, Petitioner-Appellant, v. Floyd G. BENNETT, Jr., Superintendent, Elmira Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2004.

Attorney(s) appearing for the Case

Jason H. Sterne, Buffalo, NY, for Petitioner-Appellant.

Morrie I. Kleinbart, Assistant District Attorney for New York County (Robert M. Morgenthau, District Attorney, Michael S. Morgan, Assistant District Attorney, on the brief), New York, NY, for Respondent-Appellee.

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

POOLER, Circuit Judge.

Petitioner Leonardo Larrea appeals the district court's dismissal of his petition for a writ of habeas corpus, which centers on an assertedly erroneous and prejudicial supplemental Allen charge.1 Petitioner's trial attorney did not make an appropriate objection. After Larrea's trial but before argument of his appeal, New York's highest court held that a charge virtually identical to the supplemental charge...

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