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SACCOMANNO v. SCULLY

No. 233, Docket 83-2348.

758 F.2d 62 (1985)

Joseph L. SACCOMANNO, Petitioner-Appellee, v. Charles J. SCULLY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 22, 1985.

Attorney(s) appearing for the Case

Diane E. Selker, White Plains, N.Y. (Carl A. Vergari, Dist. Atty., Westchester County, Gerald D. Reilly, Asst. Dist. Atty., White Plains, N.Y., of counsel), for respondent-appellant.

Irving Anolik, New York City, for petitioner-appellee.

Before TIMBERS, VAN GRAAFEILAND and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

The State of New York appeals from an order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) which granted appellee's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). In granting appellee's petition, the district court found that his exclusion from his state trial for possession of stolen property was unjustified and consequently violative of the sixth amendment...

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