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SANDERS v. SULLIVAN

No. 177, Docket 88-2079.

863 F.2d 218 (1988)

Walter SANDERS, Petitioner-Appellant, v. James E. SULLIVAN and Robert Abrams, The Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 2, 1988.

Attorney(s) appearing for the Case

Alan J. Brudner, New York City (Henry Putzel III, New York City, of counsel), for petitioner-appellant.

Robert M. Raciti, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Marc Frazier Scholl, Asst. Dist. Atty., New York City, of counsel) for respondents-appellees.

Before KAUFMAN, NEWMAN, and GARTH, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

In our system of government, the federal courts, Janus-like, must often observe two directions at once. On the one hand, through unstinting vigilance, we must warrant the guarantees of the Constitution. Yet we are enjoined, on the other hand, to forbear gratuitous intrusions into the judicial functions of the several states. Nowhere are these two competing imperatives more inextricably intertwined...

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