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ANDERSON v. CASSCLES

No. 492, Docket 75-2113.

531 F.2d 682 (1976)

Allen M. ANDERSON, Petitioner-Appellant, v. J. Leland CASSCLES, Superintendent of Great Meadow Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 22, 1976.

Attorney(s) appearing for the Case

Lanny Earl Walter, Albany, N. Y. (Albany Law School Legal Assistance Project, Albany, New York, on the brief), for petitioner-appellant.

Rhonda Amkraut Bayer, Deputy Asst. Atty. Gen. of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

Before SMITH and FEINBERG, Circuit Judges, and WARD, District Judge.

ROBERT J. WARD, District Judge:

This is an appeal from the denial, without a hearing, of a petition by a state prisoner for a writ of habeas corpus in the United States District Court for the Northern District of New York, Edmund Port, Judge. For the reasons hereinafter stated, we remand to the district court for further proceedings consistent with this opinion.

Appellant Allen M. Anderson was convicted, after a jury trial, in Albany County Court of...

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