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LATINE v. MANN

No. 972, Docket 93-2609.

25 F.3d 1162 (1994)

Malaki Shakur LATINE, a/k/a Gregory Latine, Appellee, v. Louis F. MANN, Superintendent, Shawangunk Correctional Facility, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1994.

Attorney(s) appearing for the Case

Ira Mickenberg, Office of Appellate Defender, New York City, for petitioner-appellee.

Mark Frazier Scholl, Asst. Dist. Atty. (Robert M. Morgenthau, Dist. Atty., David J. Mudd, Asst. Dist. Atty., New York City, on the brief), for respondent-appellant.

Before: WALKER and JACOBS, Circuit Judges, and DALY, District Judge.

DALY, District Judge.

Respondent-appellant Louis F. Mann appeals on behalf of the State of New York from a final judgment of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) granting petitioner-appellee Gregory Latine's petition for a writ of habeas corpus, 830 F.Supp. 774. For the reasons stated below, we vacate the judgment of the district court and remand with directions...

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