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JUSTICE v. HOKE

No. 575, Docket No. 94-2280.

45 F.3d 33 (1995)

David Kevin JUSTICE, Petitioner-Appellee, v. Robert HOKE, Superintendent, Eastern Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

Andrew C. Fine, New York City (Philip L. Weinstein, Legal Aid Soc., of counsel), for petitioner-appellee.

Nancy F. Talcott, Asst. Dist. Atty., of Kings County, Brooklyn, NY (Charles J. Hynes, Dist. Atty., of Kings County, Roseann B. MacKechnie, Richard T. Faughnan, Asst. Dist. Attys., of Kings County, of counsel), for respondent-appellant.

Before: LUMBARD, FEINBERG, and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Respondent-appellant Robert Hoke, Superintendent, Eastern Correctional Facility, appeals from a judgment entered May 25, 1994 in the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, that granted a writ of habeas corpus to petitioner-appellee David Kevin Justice. Petitioner had been convicted in the Supreme Court of the State of New York, Kings County, of robbery in the first degree and intimidating...

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