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CAPELLAN v. RILEY

No. 1305, Docket 92-2027.

975 F.2d 67 (1992)

Feliberto CAPELLAN, Petitioner-Appellee, v. Dean RILEY, Superintendent of the Fishkill Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 16, 1992.

Attorney(s) appearing for the Case

James M. McGuire, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty. for New York County, Mark Dwyer, Asst. Dist. Atty., of counsel), for respondent-appellant.

Richard A. Joselson, New York City (Philip L. Weinstein, The Legal Aid Soc., of counsel), for petitioner-appellee.

Before: PIERCE, MAHONEY, Circuit Judges, and METZNER, District Judge.

PIERCE, Circuit Judge:

The Superintendent of the Fishkill Correctional Facility appeals from a judgment of the United States District Court for the Southern District of New York, Charles H. Tenney, Judge, 779 F.Supp. 728, granting appellee's petition for a writ of habeas corpus on the ground that an unconscionable breakdown occurred in the New York State courts depriving petitioner of an opportunity for full and fair litigation...

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