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HODGE v. HENDERSON

No. 284, Docket 90-2443.

929 F.2d 61 (1991)

Allen HODGE, Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 26, 1991.

Attorney(s) appearing for the Case

James A. Cohen, Lincoln Square Legal Services, Inc., New York City (Eric C. Rosenbaum, Marc E. Miller, Legal Interns, Lincoln Square Legal Services, New York City, of counsel), for appellant.

Donald J. Siewert, Asst. Dist. Atty., New York County, New York City (Robert M. Morgenthau, Dist. Atty. for New York County, Mark Dwyer, Asst. Dist. Atty., New York County, New York City, of counsel), for appellee.

Before FEINBERG, MESKILL and ALTIMARI, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Duffy, J., on July 30, 1990, denying Hodge's petition pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus but granting a certificate of probable cause. Hodge, having been convicted of first degree robbery after a jury trial in the Supreme Court of New York, is currently incarcerated at a New York state correctional facility...

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