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BROWN v. DISTRICT COURT, NASSAU COUNTY

No. 86-CV-2017.

637 F.Supp. 1096 (1986)

Phillip BROWN, Petitioner, v. DISTRICT COURT, NASSAU COUNTY, Respondent.

United States District Court, E.D. New York.

June 26, 1986.

Attorney(s) appearing for the Case

Matthew Muraskin, Legal Aid Society, Crim. Div., Mineola, N.Y., for petitioner (Michael J. Obus, Alfred O'Connor, of counsel).

Denis Dillon, Dist. Atty., Nassau County, Mineola, N.Y., for respondent (Marea M. Suozzi, Bruce E. Whitney, of counsel).

DECISION AND ORDER

BRAMWELL, District Judge.

By order to show cause dated June 16, 1986, petitioner Phillip Brown commenced this habeas corpus proceeding pursuant to Title 28, United States Code, section 2254 alleging that the sentence he received in state court was tainted by vindictiveness in violation of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) and its progeny. After carefully...

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