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ZAPPULLA v. NEW YORK

Docket No. 03-2793.

391 F.3d 462 (2004)

Guy ZAPPULLA, Petitioner-Appellant, v. People of the State of NEW YORK, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 17, 2004.

Amended: December 7, 2004.

Attorney(s) appearing for the Case

Brian Sheppard, New Hyde Park, N.Y. for Petitioner-Appellant.

Camille O'Hara Gillespie, Assistant District Attorney, Kings County (Charles J. Hynes, District Attorney, Victor Barall, and Leonard Joblove, Assistant District Attorneys, on the brief), Brooklyn, NY, for Respondent-Appellee.

Before: POOLER, SACK, and RAGGI, Circuit Judges.

Judge RAGGI dissents in a separate opinion.

POOLER, Circuit Judge.

Petitioner-Appellant Guy Zappulla appeals from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.), entered October 10, 2003, denying his petition for a writ of habeas corpus. His petition sought to challenge a judgment of the New York Supreme Court, Kings County (Kreindler, J.), rendered on March 30, 1999, convicting him after a...

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