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UNITED STATES EX REL. TESTAMARK v. VINCENT

No. 636, Docket 73-2614.

496 F.2d 641 (1974)

UNITED STATES of America ex rel. Louis TESTAMARK, Petitioner-Appellee, v. L. J. VINCENT, Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 8, 1974.

Attorney(s) appearing for the Case

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

L. Mifflin Hayes, New York City (Ralph K. Nickerson and Murray Allan Gordon, New York City, of counsel), for petitioner-appellee.

Before MOORE, HAYS and TIMBERS, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal brought by the Attorney General of the State of New York on behalf of L. J. Vincent, Superintendent, Green Haven Correctional Facility (hereinafter the "State") from an order granting the application of petitioner, Louis Testamark (Testamark) for a writ of habeas corpus and directing that the State retry Testamark within 60 days or release him. For the reasons subsequently outlined...

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