HENRY v. SCULLY

No. 930, Docket 95-2528.

78 F.3d 51 (1996)

Hugh HENRY, a/k/a Hugh Harold Henry, Petitioner-Appellee, v. Charles J. SCULLY, Superintendent, Green Haven Correctional Facility, and Dennis C. Vacco, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 4, 1996.


Attorney(s) appearing for the Case

Thomas B. Litsky, Assistant District Attorney of New York County, New York City (Robert M. Morgenthau, District Attorney and Marc Frazier Scholl, Assistant District Attorney, New York City, of counsel), for Respondents-Appellants.

Barry D. Leiwant, the Legal Aid Society, Federal Defender Division, Appeals Bureau, New York City, for Petitioner-Appellee.

Before: MAHONEY, WALKER and CALABRESI, Circuit Judges.


PER CURIAM:

Respondents-appellants Charles J. Scully, Superintendent of the Green Haven Correctional Facility, and Dennis C. Vacco, Attorney General of the State of New York,1 appeal from a judgment entered July 26, 1995 in the United States District Court for the Southern District of New York, Kimba Wood, Judge, that granted the petition of petitioner-appellee Hugh Henry for a writ of habeas corpus pursuant to 28 U.S.C. §...

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