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SIMMONS v. REYNOLDS

No. 1499, Docket 89-2128.

898 F.2d 865 (1990)

Norman SIMMONS, Petitioner-Appellant, v. Edward F. REYNOLDS, Superintendent, Oneida Correctional Facility, and the People of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 12, 1990.

Attorney(s) appearing for the Case

Lisamichelle Davis, New York City (Sullivan & Cromwell, Philip L. Graham, Jr., of counsel), for petitioner-appellant.

Amy Appelbaum, Brooklyn, N.Y., Asst. Dist. Atty. of Kings County (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara D. Underwood, Shulamit Rosenblum, Asst. Dist. Attys., of counsel), for respondents-appellees.

Before NEWMAN, PRATT and MAHONEY, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Norman Simmons, a New York State prisoner, appeals from a judgment that denied his petition for a writ of habeas corpus, 28 U.S.C. § 2254, despite the district court's finding that the six-year delay in hearing the appeal of his conviction had violated his constitutional rights. The United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, determined that because Simmons's state appeal...

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