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GRAHAM v. HOKE

No. 1670, Docket 91-2094.

946 F.2d 982 (1991)

Melvin GRAHAM, Petitioner-Appellee, v. Robert HOKE, Superintendent, Eastern Correctional Facility, Robert Abrams, Attorney General of the State of New York, and Charles J. Hynes, District Attorney, Kings County, Respondents, Robert Hoke, Superintendent, Eastern Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 3, 1991.

Rehearing Denied October 21, 1991.

Attorney(s) appearing for the Case

Lindsay Brown, Asst. Dist. Atty., Brooklyn, N.Y. (Charles J. Hynes, Dist. Atty., Jay M. Cohen, Asst. Dist. Atty., of counsel), for appellants.

Ronald Cohen, New York City, for petitioner-appellee.

Before MESKILL, KEARSE and McLAUGHLIN, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Nickerson, J., entered on December 17, 1990. The district court granted appellee Melvin Graham's (Graham) petition pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus and ordered his release unless the State of New York chose to commence a new trial against him within ninety days from the entry of judgment. Graham v. Hoke...

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