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HARDEE v. KUHLMAN

No. 871, Docket 78-2018.

581 F.2d 330 (1978)

Calvin HARDEE, Petitioner-Appellant, v. Robert KUHLMAN, Acting Superintendent, Woodbourne Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 7, 1978.

Attorney(s) appearing for the Case

Robert W. Stieve, White Plains, N. Y. (The Legal Aid Society of Westchester County), for petitioner-appellant.

Robert A. Forte, Asst. Atty. Gen. of the State of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before MOORE, OAKES and GURFEIN, Circuit Judges.

MOORE, Circuit Judge:

Petitioner-appellant, Calvin Hardee ("Hardee"), comes into the federal court via the not-too-unusual habeas corpus route. His petition for a writ was denied without a hearing by Judge Charles L. Brieant of the Southern District of New York, from which denial Hardee appeals.

On April 27, 1976, Hardee was convicted by a jury in the Supreme Court of the State of New York, Westchester County, of...

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