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DENTI v. ABRAMS

No. 80 Civ. 4968.

497 F.Supp. 604 (1980)

Joseph DENTI, Petitioner, v. Robert ABRAMS, Respondent.

United States District Court, S. D. New York.

September 30, 1980.

Attorney(s) appearing for the Case

Clark, Wulf, Levine & Peratis, New York City, for petitioner; Kathleen Peratis, Melvin L. Wulf, Ramsey Clark, New York City, of counsel.

Mario Merola, Dist. Atty., Bronx County, New York City, for respondent; Alan D. Marrus, Billie Manning, Asst. Dist. Attys., New York City, of counsel.

LASKER, District Judge.

Joseph Denti was convicted in the New York state courts of criminal possession of stolen property (§ 165.45, N.Y. Penal Law). Having exhausted his state remedies, he petitions for a writ of habeas corpus on the ground that the trial judge relied on an unconstitutional presumption in finding that the defendant knew that the property was stolen. Alternatively he contends that the evidence at trial was insufficient to support his conviction...

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