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FERNANDEZ v. LEONARDO

No. 620, Docket 90-2326.

931 F.2d 214 (1991)

Bienbenito FERNANDEZ, Petitioner-Appellee, v. Arthur A. LEONARDO, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 30, 1991.

Attorney(s) appearing for the Case

Annette Cohen, Asst. Dist. Atty., Kew Gardens, N.Y. (John J. Santucci, Dist. Atty. of Queens County, of counsel), for respondent-appellant.

Baldwin Maull, Jr., New York City, for petitioner-appellee.

Before MESKILL, MINER, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Respondent-appellant Arthur Leonardo appeals from a judgment, entered in the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge), granting petitioner-appellee Bienbenito Fernandez' petition for a writ of habeas corpus. See 28 U.S.C. § 2254 (1988). Fernandez was convicted in Queens County Court of murder in the second degree, attempted robbery in the first degree and criminal use of a...

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