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NEGRON v. HENDERSON

No. 812, Docket 73-2830.

496 F.2d 858 (1974)

Jesus NEGRON, Relator-Appellee, v. Robert J. HENDERSON, Warden, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 17, 1974.

Attorney(s) appearing for the Case

Arthur Weinstein, Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty., New York County; Michael R. Juviler, Asst. Dist. Atty., on the brief), for appellant.

Gray Thoron, Ithaca, N. Y. (Cornell Legal Assistance Project for the Auburn Correctional Facility; Daniel F. Cashman, assisted by Kent G. Harbison and Jack Horn, Cornell Law School Senior students, on the brief), for relator-appellee.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

FEINBERG, Circuit Judge:

In this well briefed and excellently argued case, Robert J. Henderson, the Warden of Auburn Correctional Facility, appeals from a decision of the United States District Court for the Northern District of New York, Edmund Port, J., granting the petition of Jesus Negron for a writ of habeas corpus. For reasons set forth below, we reverse the judgment of the district court.

In 1965, Negron, together with a codefendant, was tried in the...

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