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CHAMPELLE v. COOMBE

No. 82 Civ. 5575 (KTD).

567 F.Supp. 345 (1983)

Charles CHAMPELLE, Petitioner, v. Philip COOMBE, Jr., Respondent.

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

July 11, 1983.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, New York City, for petitioner.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for respondent; Joyce Andren, Asst. Atty. Gen., New York City, of counsel.

Charles Champelle, pro se.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Charles Champelle was convicted of robbery in the first degree on October 9, 1979, after a jury trial in New York State Supreme Court, Bronx County, before Ivan Warner, Justice. Mr. Champelle was sentenced as a second felony offender to seven and one-half years to fifteen years. Champelle appealed his conviction on three grounds: one, that the jury instruction on intent violated the due process clause...

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