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LOPEZ v. RILEY

No. 304, Docket 88-2305.

865 F.2d 30 (1989)

Eugene LOPEZ, Petitioner-Appellant, v. Dean R. RILEY, Superintendent, Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 3, 1989.

Attorney(s) appearing for the Case

Joel A. Brenner, East Northport, N.Y., for petitioner-appellant.

Mark Osnowitz, Asst. Dist. Atty., Queens County, N.Y. (John J. Santucci, Dist. Atty., Queens County, N.Y., of counsel), for respondent-appellee.

Before WINTER, MINER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Eugene Lopez appeals from the denial of his petition for a writ of habeas corpus. The district court granted Lopez's application for a certificate of probable cause so that we might determine whether his claims regarding the sufficiency of the evidence before the state grand jury that indicted him, the use of misleading and prejudicial evidence in those grand jury proceedings, and the legal instructions given to that grand jury, may be raised...

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