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PEREZ v. IRWIN

No. 580, Docket 91-2356.

963 F.2d 499 (1992)

Albert PEREZ, Petitioner-Appellee, v. Frank IRWIN, Superintendent, Wende Correctional Facility, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Amy Appelbaum, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Charles J. Hynes, Dist. Atty., Jay M. Cohen, Asst. Dist. Atty., of counsel), for defendant-appellant.

B. Alan Seidler, Nyack, N.Y., for petitioner-appellee.

Before: FEINBERG, NEWMAN and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Frank Irvin, Superintendent of the Wende Correctional Facility, appeals from an order of the United States District Court for the Eastern District of New York (Weinstein, J.) granting Albert Perez's petition for a writ of habeas corpus. 766 F.Supp. 90. Perez's petition challenged a 1976 judgment of the Supreme Court of the State of New York, Kings County, convicting him, after a jury trial, of...

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