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McMAHON v. HODGES

No. 02-2666.

382 F.3d 284 (2004)

William K. McMAHON, Petitioner-Appellee, v. Gary HODGES, Warden, Gowanda Correctional Facility, and the Attorney General of the State of New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2004.

Attorney(s) appearing for the Case

William A. Gerard, Palisades, NY, for Petitioner-Appellee.

Tina Guccione, District Attorney's Office Rockland County (Michael E. Bongiorno, District Attorney, Ellen O'Hara Woods, Ann C. Sullivan, Senior Assistant District Attorneys, of counsel), New City, NY, for Respondent-Appellant.

David A. Lewis, The Legal Aid Society Federal Defender Division Appeals Bureau, New York, NY, Amicus Curiae.*

Before: FEINBERG and SACK, Circuit Judges, WEXLER, District Judge.

SACK, Circuit Judge.

The State of New York appeals from a judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) granting the petitioner-appellee William McMahon's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court concluded that although the state trial judge did not err in declining to recuse himself from presiding over McMahon's trial, he did violate established federal...

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