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MITCHELL v. HOKE

No. 1319, Docket 90-2576.

930 F.2d 1 (1991)

Vincent MITCHELL, Petitioner-Appellee, v. Robert HOKE, Superintendent, Eastern Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 3, 1991.

Attorney(s) appearing for the Case

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

Sam A. Schmidt, Barocas & Schmidt, New York City, for petitioner-appellee.

Before LUMBARD, WINTER and WALKER, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment granting Vincent Mitchell's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988). Mitchell and a co-defendant were convicted in 1985 in New York State Supreme Court, Queens County, of robbery and menacing. The trial court permitted a police officer to testify concerning a lineup at which a witness to the robbery, who was not called to testify, identified Mitchell as the perpetrator. Judge Weinstein...

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