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JOHNSON v. METZ

No. 1161, Docket 79-2028.

609 F.2d 1052 (1979)

Jesse JOHNSON and Cynthia Hall, Petitioners-Appellees, v. Paul METZ, Warden, Great Meadows Correctional Facility and Janice Warne, Correction Superintendent, Bedford Hills Correctional Facility, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Barry R. Fertel, Deputy Asst. Atty. Gen. of N. Y., New York City (Robert Abrams, Atty. Gen., and George D. Zuckerman, Asst. Atty. Gen. of N. Y., New York City, of counsel), for respondents-appellants.

Jeffrey A. Rabin, Brooklyn N. Y. (Albert C. Aronne, Brooklyn, N. Y., of counsel), for petitioners-appellees.

Before GURFEIN, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

GURFEIN, Circuit Judge:

The State of New York appeals from the conditional grant of a writ of habeas corpus by the District Court for the Eastern District of New York (Hon. Edward R. Neaher, Judge) ordering the release of the two appellees Johnson and Hall if they were not tried within sixty days.1 Appellees were convicted jointly of criminal sale of a Dangerous Drug in the First Degree after a jury trial in Supreme Court, Kings...

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