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BERMUDEZ v. REID

Docket No. 83-2272.

720 F.2d 748 (1983)

Emilcar BERMUDEZ, Petitioner-Appellee, v. Theodore REID, Superintendent, and Robert Abrams, Attorney General, State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 1, 1983.

Attorney(s) appearing for the Case

George C. Perry, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen. of the State of New York, New York City, of counsel), for respondents-appellants.

Emilcar Bermudez, petitioner-appellee, pro se.

Before CARDAMONE, PIERCE and PRATT, Circuit Judges.

PER CURIAM:

While this court rarely uses a formal opinion to dispose of a procedural motion, we think that our denial of the Attorney General's motion for a stay pending appeal warrants written explanation, because the effect of our action is to require the state to release from prison a convicted felon who has served only four of the five years of his minimum sentence. Just as Judge Stewart found below that the Attorney General's inattention to this habeas corpus...

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