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BERMUDEZ v. REID

No. 561, Docket 83-2272.

733 F.2d 18 (1984)

Emilcar BERMUDEZ, Petitioner-Appellee, v. Theodore REID, Superintendent, Fishkill Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellee.

Arlene R. Silverman, Asst. Atty. Gen. of the State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn Leventhal, Deputy First Asst. Atty. Gen., Gerald Ryan, George C. Perry, Asst. Attys. Gen., New York City, of counsel), for respondents-appellants.

Robert M. Morgenthau, Dist. Atty., New York County, New York City (Robert M. Pitler, Mark Dwyer, Donald J. Siewert, Asst. Dist. Attys., New York County, New York City, of counsel), as amicus curiae.

Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge.

Petitioner-appellee Emilcar Bermudez, currently serving a five-to-ten year sentence pursuant to a New York State ("the State") conviction for second degree robbery, filed a petition for a writ of habeas corpus in the Southern District of New York in January, 1983. The petition was assigned to Judge Charles Stewart, who, on March 29, ordered the State to respond within 30 days. On July 28, 1983, after four months had elapsed and the State had...

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