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FINETTI v. HARRIS

No. 621, Docket 78-2145.

609 F.2d 594 (1979)

Vito FINETTI, Petitioner-Appellee, v. David HARRIS, Superintendent of Greenhaven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 12, 1979.

Attorney(s) appearing for the Case

Charlotte C. Lee, Deputy Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel J. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellant.

John J. Hayden, Goshen, N. Y., for petitioner-appellee.

Before WATERMAN, MANSFIELD and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Southern District of New York, Charles E. Stewart, District Judge, 460 F.Supp. 1069, granting a state prisoner's petition for a writ of habeas corpus, the issues presented are virtually identical to those raised on appeal before this Court in Brown v. Wilmot, 572 F.2d 404 (2 Cir. 1978) (per curiam), namely: (1...

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