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SULLIVAN v. FOGG

No. 416, Docket 79-2110.

613 F.2d 465 (1980)

Jose Luis SULLIVAN, Petitioner-Appellant, v. Walter FOGG, as Superintendent of Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 18, 1980.

Attorney(s) appearing for the Case

Steven Lloyd Barrett, New York City, The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellant.

Edward G. Spell, Asst. Dist. Atty., New York City (Mario Merola, Dist. Atty. for Bronx County, Billie Manning, Asst. Dist. Atty., New York City, of counsel), for respondent-appellee.

Before KAUFMAN, Chief Judge, and SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, denying the petition for writ of habeas corpus of Jose Luis Sullivan, imprisoned after conviction on murder and weapons counts in the Supreme Court of the State of New York, Bronx County. We reverse and remand for further proceedings.

The appellant...

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