Legal Opinion

Joseph Bellavia v. Walter Fogg, Warden, Green Haven Correctional Facility, Stormville, New York

Court of Appeals for the Second Circuit

Decided December 17, 1979No. 567, Docket 78-2126PublishedCited by 36 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Eastern District of New York, Charles P. Sifton, District Judge, which denied a state prisoner’s petition for a writ of habeas corpus, appellant challenges the constitutionality of his state court conviction for possession and sale of cocaine on three grounds: (1) that New York’s statutory presumption that the occupants of a motor vehicle which contains narcotic drugs are all knowing possessors of the drugs, N.Y. Penal Law § 220.25(1) (McKinney Supp. 1978-79), denied him due process and the equal protection of the law; (2)…

2Cases cited13 opinions

  1. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  2. United States v. WightCourt of Appeals for the Second Circuit · 1949
  3. People v. LemmonsNew York Court of Appeals · 1976
  4. People v. LeyvaNew York Court of Appeals · 1975
  5. Robert Rickenbacker, Relator-Appellant v. The Warden, Auburn Correctional Facility, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Otis Glenn, A/K/A Sammy McBride v. George Bartlett, Superintendent of Elmira Correctional FacilityCourt of Appeals for the Second Circuit · 1996
  2. United States v. AlessiCourt of Appeals for the Second Circuit · 1980
  3. United States v. Gloria AuletCourt of Appeals for the Second Circuit · 1980
  4. Matthews v. City of New YorkDistrict Court, E.D. New York · 2012
  5. Garrett Brock Trapnell v. United StatesCourt of Appeals for the Second Circuit · 1983

31 more not listed; retrieve them via the Exa API.

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