The following excerpt is from Klein v. Harris, 667 F.2d 274 (2nd Cir. 1981):
4 Under the principles stated above, by characterizing the trial judge's conduct as having been "in violation of the Fourteenth Amendment's due process clause," Klein adequately denominated his argument as a federal constitutional claim. See Gayle v. LeFevre, supra. Further, in proceeding by way of a 440.10 motion, Klein unquestionably chose an appropriate forum in which to commence his exhaustion of state remedies. See Johnson v. Metz, supra.
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