No. 790, Docket 90-2404.

932 F.2d 131 (1991)

Vernon BAGBY, Petitioner-Appellee, v. Robert KUHLMAN, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 30, 1991.

Attorney(s) appearing for the Case

Joseph M. Latino, Asst. Dist. Atty. (Carl A. Vergari, Dist. Atty. of Westchester County, Richard E. Weill, Second Deputy Dist. Atty., of counsel), White Plains, N.Y., for respondent-appellant.

David L. Lewis (Lewis & Fiore, of counsel), New York City, for petitioner-appellee.

Before WINTER and ALTIMARI, Circuit Judges, and WEXLER, District Judge.

ALTIMARI, Circuit Judge:

Appellant Robert Kuhlman appeals from a judgment, entered in the United States District Court for the Southern District of New York (Pierre N. Leval, Judge), granting appellee Vernon Bagby's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988). Bagby was convicted in Westchester County Court of possession of controlled substances and criminal use of drug paraphernalia. After exhausting available state remedies...

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