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LYNCH v. DOLCE

Docket No. 14-1675-pr.

789 F.3d 303 (2015)

Robert A. LYNCH, Petitioner-Appellant, v. Superintendent DOLCE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 18, 2015.

Attorney(s) appearing for the Case

Malvina Nathanson , New York, N.Y., for petitioner-appellant.

Michelle E. Maerov , Assistant Attorney General ( Barbara D. Underwood , Solicitor General, Nikki Kowalski , Deputy Solicitor General for Criminal Matters, on the brief) for Eric T. Schneiderman , Attorney General of the State of New York, New York, N.Y., for respondent-appellee.

Before: LEVAL, LYNCH, and DRONEY, Circuit Judges.

Robert Lynch appeals from the denial of his petition for a writ of habeas corpus based on a claim of ineffective assistance of appellate counsel. The state court refused Lynch's trial counsel's request to charge the jury that, to find Lynch guilty of first-degree robbery by using or threatening the immediate use of...

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