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SHARGEL v. LEFKOWITZ

No. 656, Docket 78-2143.

596 F.2d 42 (1979)

Gerald L. SHARGEL, Attorney in Behalf of Vincent Aloi, Petitioner-Appellee, v. Louis J. LEFKOWITZ, Attorney General of the State of New York, Respondent-Appellant, and Charles E. Fenton, Warden of the Federal Penitentiary at Lewisberg, as Agent for the State of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 13, 1979.

Attorney(s) appearing for the Case

Henry J. Steinglass, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., New York County, Robert M. Pitler, Asst. Dist. Atty., New York City, of counsel), for respondent-appellant.

Gerald L. Shargel, New York City (Fischetti & Shargel, New York City, of counsel), for petitioner-appellee.

Before WATERMAN, MANSFIELD and TIMBERS, Circuit Judges.

PER CURIAM:

The State of New York appeals from a judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, entered on October 13, 1978, granting the petition of Gerald L. Shargel for a writ of habeas corpus on behalf of Vincent Aloi, who was convicted by the New York Supreme Court of perjury in the first degree, N.Y.Penal Law § 210.15, after a jury trial for giving false material testimony before a grand...

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