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Shaykh Matulu Abdurrahman appeals from an order of the United States District Court for the Eastern District of New York (Dearie, J.), dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1982) on the ground that he failed to exhaust available state remedies. The 72*72 district court determined that Abdurrahman had not raised the claims of ineffective assistance of appellate counsel and involuntary waiver of jury trial in the state court, thus barring federal habeas review.

Abdurrahman contends that these claims were raised in a supplemental brief submitted pro se to the Appellate Division of the New York State Supreme Court and were rejected. See People v. Abdurrahman, 135 A.D.2d 721, 522 N.Y.S.2d 621 (2d Dep't 1987), leave to appeal dismissed, 72 N.Y.2d 915, 532 N.Y.S.2d 849, 529 N.E.2d 179 (1988). He has since abandoned the jury waiver claim. He asserts the district court erred in dismissing his petition and maintains that the inadequacy of his appellate counsel's representation constituted a denial of due process. We hold Abdurrahman exhausted his state court remedies; however, we deny the writ, finding his ineffective assistance of counsel claim to be without merit.


897 F.2d 71 (1990)

Shaykh Matulu ABDURRAHMAN, Petitioner-Appellant,


Robert HENDERSON, Warden, Respondent-Appellee.

No. 66, Docket 89-2010. United States Court of Appeals, Second Circuit.

Argued December 11, 1989.

Decided February 23, 1990.

New York Law School location: File #875, Box #124