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UNITED STATES EX REL. JOHNSON v. VINCENT

No. 1053, Docket 74-1401.

507 F.2d 1309 (1974)

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

United States Court of Appeals, Second Circuit.

Decided November 8, 1974.

Certiorari Denied March 24, 1975.

Attorney(s) appearing for the Case

Lillian Z. Cohen, Asst. Atty. Gen., State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirschowitz, First Asst. Atty. Gen., and Constance B. Margolin, Asst. Atty. Gen., New York City, on the brief), for respondent-appellant.

John J. Tigue, Jr., New York City (Elizabeth B. DuBois, Mark C. Morril, Legal Action Center of the City of New York, New York City, on the brief), for petitioner-appellee.

Before LUMBARD, HAYS and TIMBERS, Circuit Judges.

Certiorari Denied March 24, 1975. See 95 S.Ct. 1435.

TIMBERS, Circuit Judge:

The State of New York appeals from an order entered January 30, 1974, after an evidentiary hearing in the Southern District of New York, Bauman, District Judge*, granting a state prisoner's petition for a writ of habeas corpus, vacating his murder conviction and remanding his case for resentencing nunc pro tunc so that he can prosecute another direct...

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