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UNITED STATES EX REL. TSIRIZOTAKIS v. LEFEVRE

No. CV-81-0052.

534 F.Supp. 40 (1981)

UNITED STATES of America ex rel. John TSIRIZOTAKIS, a/k/a John Alaska, Petitioner, v. Eugene LEFEVRE, Superintendent, Clinton Correctional Facility, John J. Santucci, District Attorney, Queens County; Robert Abrams, Attorney General of the State of New York, Respondents.

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

March 17, 1981.

Attorney(s) appearing for the Case

Julia Pamela Heit, New York City, for petitioner.

John J. Santucci, Queens County Dist. Atty., by Barry A. Schwartz, Asst. Dist. Atty., Kew Gardens, N. Y., for respondents.

WEINSTEIN, Chief Judge:

Petitioner was convicted after a jury trial on June 20, 1974 of murder in the second degree. He was sentenced to an indeterminate term of not less than twenty years nor more than his natural life. The Appellate Division affirmed and leave to appeal to the Court of Appeals was denied.

He maintains that the trial judge's charges on intent and justification impermissibly shifted the burden of...

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