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JONES v. BERRY

No. 1295, Docket 89-2126.

880 F.2d 670 (1989)

Kevin JONES, Petitioner-Appellee, v. Carl D. BERRY, Superintendent of Woodbourne Correctional Facility, Hon. Robert Abrams, Attorney General of the State of New York, and Denis Dillon, District Attorney of the County of Nassau, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 24, 1989.

Attorney(s) appearing for the Case

Jethro M. Eisenstein, New York City (Profeta & Eisenstein, on the brief), for petitioner-appellee.

Lawrence J. Schwarz, Asst. Dist. Atty., Mineola, N.Y. (Denis Dillon, Dist. Atty., Nassau County, Bruce E. Whitney, Asst. Dist. Atty., Mineola, N.Y., on the brief), for respondents-appellants.

Before: FEINBERG and KEARSE, Circuit Judges, and BARTELS, District Judge.

KEARSE, Circuit Judge:

Respondents Carl D. Berry, Superintendent of New York State's Woodbourne Correctional Facility, et al. (collectively the "State"), appeal from a final judgment of the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, granting the petition of Kevin Jones, a New York State prisoner, under 28 U.S.C. § 2254 (1982), for a writ of habeas corpus on the ground that the state trial

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