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SIMMONS v. DALSHEIM

No. 733, Docket 82-2230.

702 F.2d 423 (1983)

Michael SIMMONS, Petitioner-Appellee, v. Stephen DALSHEIM, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 18, 1983.

Attorney(s) appearing for the Case

Susan L. Yarbrough, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Gerald J. Ryan, Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Steven Lloyd Barrett, The Legal Aid Soc., Federal Defender Services Unit, New York City, for petitioner-appellee.

Before OAKES, PRATT, and WEISS, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Robert J. Ward, Judge, granting a petition for a writ of habeas corpus. The petitioner in this case, Michael Simmons, was convicted in 1976 of sodomy, robbery, and criminal possession of a weapon after a jury trial in the Supreme Court of New York, Bronx County. At trial, on direct appeal, and in his habeas petition, Simmons argued that...

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