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STEWART v. SCULLY

No. 1556, Docket 89-2429.

925 F.2d 58 (1991)

Traver STEWART, Petitioner-Appellant, v. Charles SCULLY, Superintendent of Green Haven Correctional Facility; Robert Abrams, Attorney General of the State of New York; and Charles J. Hynes, District Attorney of Kings County, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 1, 1991.

Attorney(s) appearing for the Case

Michael Young, New York City, for petitioner-appellant.

Randa D. Maher, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Charles J. Hynes, Dist. Atty., Jay M. Cohen, Michael Gore, Asst. Dist. Atty., Kings County, Brooklyn, N.Y., of counsel), for respondents-appellees.

Before WINTER, MAHONEY, and WALKER, Circuit Judges.

MAHONEY, Circuit Judge:

This appeal is taken from the denial of a petition for a writ of habeas corpus by the United States District Court for the Eastern District of New York, Mark A. Costantino, Judge. The question presented is whether a New York State prisoner who has served a substantial portion of an indeterminate sentence of ten to twenty years may be resentenced to a term of eight to twenty-four years upon his motion to correct the unlawful relationship...

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