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GRAHAM v. PORTUONDO

No. 10-3636-pr.

DARRYL GRAHAM, Petitioner-Appellee, v. LEONARD PORTUONDO, SUPERINTENDENT, SHAWANGUNK CORRECTIONAL FACILITY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

November 15, 2011.

Attorney(s) appearing for the Case

ANDREA GAIL HIRSCH , Andrea G. Hirsch, P.C., New York, New York. for Petitioner-Appellee.

AMY APPELBAUM , Assistant District Attorney ( Leonard Joblove , Assistant District Attorney, on the brief), for Charles J. Hynes, District Attorney, Kings County, Brooklyn, New York, for Respondent-Appellant.

Present: JOHN M. WALKER, JR., DENNY CHIN, RAYMOND J. LOHIER, JR., Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED, and the case is REMANDED to the district court.

Respondent-appellant Leonard Portuondo (the "State") appeals from the district court's judgment entered August 24, 2010, granting petitioner-appellee Darryl Graham's petition for a writ of habeas corpus. We assume...

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