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DeLUCA v. LORD

No. 1705, Docket 94-2418.

77 F.3d 578 (1996)

Sheila Ryan DeLUCA, Petitioner-Appellee, v. Elaine A. LORD, Superintendent of Bedford Hills, Correctional Facility; and Robert Abrams, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 13, 1996.

Attorney(s) appearing for the Case

Jonathan Svetkey, Assistant District Attorney, New York City (Robert T. Johnson, District Attorney, Bronx County, Peter D. Coddington and Anthony J. Girese, Assistant District Attorneys, New York City, of counsel), for Respondents-Appellants.

Mark F. Pomerantz, New York City (Warren L. Feldman, Rogers & Wells, New York City, David T. Grudberg, Jacobs, Grudberg, Belt & Dow, New Haven, CT, of counsel), for Petitioner-Appellee.

Before: OAKES, KEARSE and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, granting Sheila Ryan DeLuca's petition for a writ of habeas corpus, setting aside her New York state court conviction for murder in the second degree, and ordering a new trial. See DeLuca v. Lord, 858 F.Supp. 1330 (S.D.N.Y.1994). The district court granted the petition...

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