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CRUZ v. ALEXANDER

No. 79, Docket 80-2329.

669 F.2d 872 (1982)

Eduardo CRUZ, Petitioner-Appellee, v. Robert ALEXANDER and Edward Hammock, Chairman of the New York State Department of Parole, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 22, 1982.

Attorney(s) appearing for the Case

Tyrone Mark Powell, Asst. Atty. Gen. of the State of N. Y., New York City (Robert Abrams, Atty. Gen. of the State of N. Y., New York City, on the brief), for respondents-appellants.

Jose Antonio Lugo, New York City (Rhonda Copelon, Margaret L. Ratner, and the Center for Constitutional Rights, New York City, on the brief), for petitioner-appellee.

Before FEINBERG, Chief Judge, and MANSFIELD and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal, arising in the context of a habeas corpus attack upon a state conviction, concerns the adequacy of a prosecutor's denial of a criminal defendant's claim that his conviction resulted from electronic surveillance in violation of 18 U.S.C. § 2515 (1976). On a petition for a writ of habeas corpus challenging a New York conviction, the District Court for the Southern District of New York...

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