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MILLS v. SCULLY

No. 1289, Docket 87-2133.

826 F.2d 1192 (1987)

Larry MILLS, Petitioner-Appellee, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1987.

Attorney(s) appearing for the Case

Karen Wigle Weiss, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., of counsel) for respondent-appellant.

Diarmuid White, New York City, for petitioner-appellee.

Before LUMBARD, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York (Broderick, J.) conditionally granting the petition of Larry Mills for a writ of habeas corpus.

Mills was convicted of murder in the second degree, in violation of N.Y. Penal Law § 125.25(1) (McKinney 1975), and criminal possession of a weapon in the second degree, in violation of N.Y. Penal Law § 265.03 (McKinney 1980)...

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