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HARNED v. HENDERSON

No. 54, Docket 78-2031.

588 F.2d 12 (1978)

Edward H. HARNED, Jr., Petitioner-Appellee, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 21, 1978.

Attorney(s) appearing for the Case

Jeffrey Ira Zuckerman, New York City, for petitioner-appellee.

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

Before OAKES, GURFEIN and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

The State of New York, on behalf of the Superintendent of New York's Auburn Correctional Facility, appeals from an order and judgment entered in the United States District Court for the Eastern District of New York, Edward R. Neaher, Judge, granting to Edward H. Harned, Jr., a petition for a writ of habeas corpus, releasing him from state custody1 and vacating his conviction. The central issue on this appeal...

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