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DOLPHY v. MANTELLO

Docket Nos. 03-2738-pr(L), 05-1206-pr(Con).

552 F.3d 236 (2009)

Seth DOLPHY, Petitioner-Appellant, v. Dominic MANTELLO, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2009.

Attorney(s) appearing for the Case

Robert A. Culp, Esq., Garrison, NY, for Petitioner-Appellant.

Lisa E. Fleischmann, Assistant Attorney General, for Andrew W. Cuomo, Attorney General of the State of New York, for Respondent-Appellee.

Before: JACOBS, Chief Judge, HALL, Circuit Judge, and ARCARA, District Judge.

DENNIS JACOBS, Chief Judge:

Seth Dolphy appeals from an Order of the United States District Court for the Northern District of New York (Kahn, J.) dismissing his petition for habeas corpus relief under 28 U.S.C. § 2254. During jury selection in Dolphy's state court trial on drug, weapon, and attempted assault charges, the prosecution used a peremptory challenge to strike the only African-American in the jury pool. Dolphy, who is African-American, objected through...

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