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KRISCHE v. SMITH

No. 38, Docket 81-2072.

662 F.2d 177 (1981)

Frank KRISCHE a/k/a Joseph Boyd, Petitioner-Appellee, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 4, 1981.

Attorney(s) appearing for the Case

Lew A. Millenbach, Asst. Atty. Gen., Albany, N. Y. (Robert Abrams, Atty. Gen., William J. Kogan, Asst. Sol. Gen., Albany, N. Y., on the brief), for appellant.

Stanley Neustadter, New York City, for appellee.

Before NEWMAN and KEARSE, Circuit Judges, and EGINTON, District Judge.

EGINTON, District Judge:

Appellant is the Superintendent of the Attica Correctional Facility. He appeals from an order entered on January 28, 1981 by Judge John T. Elfvin of the United States District Court for the Western District of New York directing the issuance of a writ of habeas corpus in favor of the petitioner, Frank Krische.

The petitioner had been convicted in New York Supreme Court, Queens County, on one count of robbery in the first degree and...

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