Tyrone Jones v. Corrections Captain Hoffman

Petitioner-appellant Tyrone Jones appeals from the September 28, 1995, judgment of the District Court for the Eastern District of New York (AUyne R. Ross, Judge) denying his petition for a writ of habeas corpus. Jones contends that the District Court erred in rejecting his claims (1) that there was insufficient evidence to support his conviction, and (2) that the trial court erred in failing to instruct the jury on a lesser-included offense in his non-capital case. We conclude that the first claim is without merit, and our consideration of the second claim is foreclosed because it would…