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PAUL v. HENDERSON

No. 267, Docket 82-2168.

698 F.2d 589 (1983)

Michael Everett PAUL, Petitioner-Appellee, v. Robert J. HENDERSON, Superintendent of the Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 18, 1983.

Attorney(s) appearing for the Case

Nancy A. Spiegel, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., William J. Kogan, Asst. Sol. Gen., State of N.Y., Albany, N.Y., of counsel), for respondent-appellant.

Penelope D. Clute, Plattsburgh, N.Y., for petitioner-appellee.

Before MESKILL, PIERCE and FAIRCHILD, Circuit Judges.

MESKILL, Circuit Judge:

The superintendent of the Auburn Correctional Facility appeals from an order of the United States District Court for the Northern District of New York, Foley, J., granting petitioner Michael Everett Paul's application for a writ of habeas corpus. The decision below is reported at 535 F.Supp. 677 (N.D.N.Y.1982). The court concluded that after the first trial ended in a conviction for attempted robbery...

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