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SALDANA v. STATE OF N.Y.

No. 512, Docket 87-2298.

850 F.2d 117 (1988)

Jose SALDANA, Petitioner-Appellee, v. The STATE OF NEW YORK, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Steven Glickstein, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, Louis H. Benjamin, Patrick M. McGovern, of counsel), for petitioner-appellee.

Ann M. Donnelly, Asst. Dist. Atty., New York County (Robert M. Morgenthau, Dist. Atty., New York County, Norman Barclay, Asst. Dist. Atty., New York County, New York City, of counsel), for respondent-appellant.

Before LUMBARD, OAKES, and PRATT, Circuit Judges.

LUMBARD, Circuit Judge:

The State appeals from an order of the Southern District, Broderick, J., entered July 10, 1987, which granted Saldana's petition for a writ of habeas corpus and vacated his jury conviction in New York County entered in July 1981, for attempted murder in the first degree, and related charges. Saldana was sentenced, as a predicate felon, to concurrent prison terms of from 25 years to life, and lesser terms on the other counts, to run consecutively...

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