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CHAVIS v. HENDERSON

No. 1437, Docket 80-2126.

638 F.2d 534 (1980)

Milton CHAVIS, Petitioner-Appellee, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Nancy B. Bensal, Deputy Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of the State of New York, Gerald J. Ryan, Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Dean Ringel, New York City (Cahill, Gordon & Reindel, New York City, Joseph I. Loonan and Gregg Young, New York City, of counsel), for petitioner-appellee.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and NEAHER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Robert J. Henderson, Superintendent of Auburn Correctional Facility, appeals from an order of the United States District Court for the Southern District of New York, directing that a writ of habeas corpus issue if petitioner was not granted a new trial within ninety days. On July 1, 1980, this order was stayed pending the determination of this appeal. We now reverse.

Petitioner was convicted of first degree robbery after a jury...

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