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GULLIVER v. DALSHEIM

No. 1339, Docket 82-2093.

687 F.2d 655 (1982)

Charles Anthony GULLIVER, Petitioner-Appellee, v. Stephen DALSHEIM, Superintendent, Downstate Correctional Facility and Robert Abrams, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Terry Jane Ruderman, Asst. Dist. Atty., White Plains, N. Y. (Carl A. Vergari, Dist. Atty. of Westchester County, Anthony Joseph Servino, Gerald D. Reilly, Asst. Dist. Attys., Westchester County, White Plains, N. Y., of counsel), for respondents-appellants.

Barry Bassis, The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellee.

Before OAKES, MESKILL and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

Respondents, Stephen Dalsheim, Superintendent, Downstate Correctional Facility, and Robert Abrams, Attorney General of the State of New York, appeal from an order of the United States District Court for the Southern District of New York, Knapp, J., granting Charles Anthony Gulliver's petition for a writ of habeas corpus. We vacate the order and remand for further proceedings.

BACKGROUND

Gulliver was charged in County Court...

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