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YARBOROUGH v. KEANE

No. 219, Docket 96-2166.

101 F.3d 894 (1996)

Kemp YARBOROUGH, Petitioner-Appellant, v. John P. KEANE, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 10, 1996.

Attorney(s) appearing for the Case

Richard D. Willstatter, White Plains, NY (Green & Willstatter), for Petitioner-Appellant.

Carolyn Pokorny, Assistant District Attorney, Bronx, NY (Robert T. Johnson, Bronx County District Attorney, Joseph N. Ferdenzi, Billie Manning, Assistant District Attorneys, of counsel), for Respondent-Appellee.

Before: OAKES, LEVAL and PARKER, Circuit Judges.

LEVAL, Circuit Judge:

Kemp Yarborough appeals from Judge Martin's dismissal of his petition for habeas corpus. During Yarborough's murder trial in New York State Supreme Court, the prosecutor notified the judge in a robing room conference that a prospective prosecution witness had been present in the courtroom, without the prosecutor's knowledge, while a police officer was testifying. Yarborough's attorney moved to disqualify...

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