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KLEIN v. HARRIS

No. 883, Docket 80-2282.

667 F.2d 274 (1981)

Eugene Jerome Joseph KLEIN, Petitioner-Appellee, v. David HARRIS, Superintendent, Green Haven Correctional Facility, Robert Abrams, Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 15, 1981.

Attorney(s) appearing for the Case

Deborah L. Wolikow, Deputy Asst. Atty. Gen. of N. Y., New York City (Robert Abrams, Atty. Gen. of N. Y., Gerald J. Ryan, Asst. Atty. Gen. of N. Y., New York City, on the brief), for respondent-appellant.

Jonathan Marks, New York City, for petitioner-appellee.

Before KAUFMAN and TIMBERS, Circuit Judges, and WARD, District Judge.

ROBERT J. WARD, District Judge:

David Harris, Superintendent of Green Haven Correctional Facility ("the State"), appeals from a judgment of the United States District Court for the Eastern District of New York (Nickerson, J.) granting the petition of Eugene Jerome Joseph Klein ("Klein") for a writ of habeas corpus. Following a jury trial in New York State Supreme Court, Queens County, Klein was convicted of felony murder and murder in the second degree. As is described...

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