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GIBILARO v. LE FEVRE

Cal. No. 406, Docket 83-2227.

725 F.2d 199 (1984)

John GIBILARO, Petitioner-Appellee, v. Eugene LE FEVRE, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 12, 1984.

Attorney(s) appearing for the Case

Susan L. Yarbrough, New York City (Robert Abrams, Atty. Gen., of the State of New York, Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Michael B. Pollack, New York City (Fred Rothman and Glenn Stone, Legal Interns, New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York (Weinstein, C.J.) which granted John Gibilaro's petition for a writ of habeas corpus because of an allegedly improper comment during summation by the State prosecutor. We reverse.

In 1976, Gibilaro was convicted in Supreme Court, Queens County, of rape in the first degree, sodomy...

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