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SHER v. STOUGHTON

No. 77-CV-402.

516 F.Supp. 534 (1981)

Walter SHER, Petitioner, v. Donald STOUGHTON, Commissioner of Corrections, Onondaga County Correctional Facility, Jamesville, New York; Benjamin Ward, New York State Commissioner of Corrections, Respondents.

United States District Court, N. D. New York.

As Amended June 10, 1981.

Attorney(s) appearing for the Case

Seidenberg & Strunk, Syracuse, N. Y., for petitioner; Faith A. Seidenberg, Syracuse, N. Y., of counsel.

Denis Dillon, Dist. Atty. of Nassau County, Mineola, N. Y., for respondents; William C. Donnino, Bruce E. Whitney, Asst. Dist. Attys., Mineola, N. Y., of counsel.

MEMORANDUM — DECISION AND ORDER

MUNSON, Chief Judge.

On October 31, 1980, this Court granted the petitioner's application for a writ of habeas corpus, finding that the petitioner had been denied his right to a fair and impartial trial by jury and his right to confront all evidence against him, as guaranteed by the Sixth and Fourteenth Amendments. On March 5, 1981, the Second Circuit, 657 F.2d 264, vacated...

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