Calvin Young v. Robert Abrams, Attorney General of the State of New York

KEARSE, Circuit Judge:

Petitioner-appellant Calvin Young, a New York State prisoner, appeals from a final judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Chief Judge, denying his petition for a writ of habeas corpus. Petitioner contends that his state court conviction for obscenity in the second degree, in violation of N.Y. Penal Law § 235.05 (McKinney 1980), was unconstitutional because there was no evidence from which the jury could have found the requisite element of scienter and because application of a presumption of scienter permitted…