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MAULA v. FRECKLETON

No. 1571, Docket 92-2103.

972 F.2d 27 (1992)

Kenneth MAULA, Petitioner-Appellant, v. Lloyd FRECKLETON, Warden of the Rikers Island Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 6, 1992.

Attorney(s) appearing for the Case

Joseph Frost, New York City (Frost & Berenholtz, of counsel), for petitioner-appellant.

Daniel S. Ratner, Asst. Dist. Atty., for Bronx County, Bronx, N.Y. (Robert T. Johnson, Dist. Atty., Peter D. Coddington, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before: PRATT and ALTIMARI, Circuit Judges, and DANIEL M. FRIEDMAN, Circuit Judge of the United States Court of Appeals for the Federal Circuit, sitting by designation.

PER CURIAM:

In August 1986 Kenneth Maula was indicted in New York Supreme Court, Bronx County, for murder in the second degree, criminal possession of a weapon in the second degree, and criminal use of a firearm in the second degree. After both sides had rested at trial, Maula moved to dismiss all three counts for insufficient evidence. The trial court denied the motion, but later during the same conference, informed counsel that it had decided to submit only the...

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