Champelle v. Coombe

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 of the Fourteenth Amendment; two, that the court’s failure to charge the jury on assault in the third degree deprived petitioner of effective…