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OKONKWO v. LACY

Nos. 1363, 1693, Dockets 95-2626, 95-2672.

104 F.3d 21 (1997)

Charles OKONKWO, Petitioner-Appellee-Cross-Appellant, v. Peter J. LACY, Superintendent of Bare Hill Correctional Facility, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 3, 1997.

Attorney(s) appearing for the Case

Dian K. McCullough, Department of Law, State of New York, New York City (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Daniel Smirlock, Assistant Attorney General, New York City, of counsel), for Respondent-Appellant-Cross-Appellee.

Diane E. Courselle, Office of the Appellate Defender, New York City (E. Joshua Rosenkranz, Joseph M. Nursey, Office of the Appellate Defender, New York City, of counsel), for Petitioner-Appellee-Cross-Appellant.

Before: MINER, WALKER and LEVAL, Circuit Judges.

MINER, Circuit Judge:

Respondent-appellant Peter Lacy, Superintendent of Bare Hill Correctional Facility, appeals from a judgment entered in the United States District Court for the Southern District of New York (Scheindlin, J.) granting a conditional writ of habeas corpus to petitioner-appellee Charles Okonkwo. Okonkwo is a prisoner at the Bare Hill facility, where he is confined pursuant to a judgment of the Supreme Court...

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