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PINKNEY v. KEANE

No. 361, Docket 90-2250.

920 F.2d 1090 (1990)

Marvin PINKNEY, Petitioner-Appellant, v. John KEANE, Superintendent, Sing Sing Correctional Facility, Ossining, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 7, 1990.

Attorney(s) appearing for the Case

Diarmuid White, New York City (Herald Price Fahringer, Lipsitz, Green, Fahringer, Roll, Schuller & James, of counsel), for petitioner-appellant.

Michael O'Brien, Asst. Dist. Atty., Kew Gardens, N.Y. (John J. Santucci, Dist. Attorney, Queens County, of counsel), for respondent-appellee.

Before OAKES, Chief Judge, PIERCE and WINTER, Circuit Judges.

OAKES, Chief Judge.

This case presents the unique situation of a federal court denying a habeas petition on the basis of evidence that the state appellate court had ordered suppressed, the federal court having found that the suppression order was erroneous.

Following a jury trial in the Supreme Court of the State of New York in 1982, Marvin A. Pinkney was convicted of murder in the second degree, criminal possession of a weapon in the second degree, and criminal...

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