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LYONS v. JOHNSON

No. 133, Docket 96-2095.

99 F.3d 499 (1996)

John F. LYONS, Petitioner-Appellee, v. Sally B. JOHNSON, Superintendent, Orleans Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 18, 1996.

As Amended November 14, 1996.

Attorney(s) appearing for the Case

Robert L. Moore, Assistant District Attorney, Bronx County, Bronx, N.Y. (Robert T. Johnson, District Attorney, Billie Manning, Assistant District Attorney, of counsel), for Respondent-Appellant.

Edward S. Zas, New York City (Barry D. Leiwant, The Legal Aid Society, Federal Defender Division Appeals Bureau, of counsel), for Petitioner-Appellee.

Before NEWMAN, Chief Judge, and OAKES and CALABRESI, Circuit Judges.

OAKES, Senior Circuit Judge:

Respondent-appellant Sally B. Johnson, Superintendent of the Orleans Correctional Facility, appeals from a judgment entered January 18, 1996, in the United States District Court for the Southern District of New York, Kimba Wood, Judge, granting the writ of habeas corpus to petitioner-appellee John Lyons. Petitioner was convicted in the Supreme Court of the State of New York, Bronx County, Judge Bonnie Wittner presiding, of...

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