HAYS, Circuit Judge:
This is an appeal from an order of the United States District Court for the Southern District of New York granting appellee's petition for a writ of habeas corpus, but staying the issuance of the writ on condition that the state either appeal the order or schedule a new trial. The district court held that the conviction violated appellee's rights under the due process clause of the Fourteenth Amendment because appellee was compelled, against his...
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