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GULLIVER v. DALSHEIM

No. 1661, Docket 82-2093.

739 F.2d 104 (1984)

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

United States Court of Appeals, Second Circuit.

July 18, 1984.

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 and Gerald D. Reilly, Asst. Dist. Attys., White Plains, N.Y., of counsel), for appellants.

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

Before OAKES, MESKILL and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

This appeal is by the State from an order of the United States District Court for the Southern District of New York, Whitman Knapp, Judge, granting a writ of habeas corpus on behalf of the petitioner-appellee, Charles Anthony Gulliver, on the grounds of ineffective assistance of counsel. Gulliver v. Dalsheim, 574 F.Supp. 111 (S.D.N.Y.1983). The district court issued its order1

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