James Barber v. Charles Scully, Superintendent, Greenhaven Correctional Facility

VAN GRAAFEILAND, Circuit Judge:

James Barber appeals from a judgment of the United States District Court for the Southern District of New York (Lasker, J.), denying appellant’s petition for a writ of habeas corpus. Barber was convicted in Westchester County Court of murder in the second degree, arson, and grand larceny. The Appellate Division, Second Department, affirmed his conviction, People v. Barber, 83 A.D.2d 794, 441 N.Y.S.2d 757 (1981), and the New York Court of Appeals denied leave to appeal, People v. Barber, 55 N.Y.2d 826, 447 N.Y.S.2d 1038, 432 N.E.2d 146 (1981). The United States…