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EINAUGLER v. SUPREME COURT OF STATE OF N.Y.

No. 328, Docket 96-2211.

109 F.3d 836 (1997)

Gerald EINAUGLER, M.D., Petitioner-Appellant, v. SUPREME COURT OF the STATE OF NEW YORK, Kings County, Neil J. Firetog, Honorable, Edward J. Kuriansky, and Dennis C. Vacco, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 10, 1997.

Attorney(s) appearing for the Case

Peter A. Chavkin (Michael J. Grudberg), Stillman, Friedman & Shaw, P.C., New York City, for Petitioner-Appellant.

Arthur G. Weinstein, Special Assistant Attorney General of the State of New York, (Dennis C. Vacco, Attorney General; Donald H. Zuckerman, Special Assistant Attorney General), for Respondent-Appellees.

Before: OAKES and CALABRESI, Circuit Judges, and HAIGHT, District Judge.

CALABRESI, Circuit Judge:

Dr. Gerald Einaugler appeals from an order of the United States District Court for the Eastern District of New York (Korman, J.), entered March 8, 1996, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Einaugler had been convicted, after a jury trial in the New York State Supreme Court, of reckless endangerment in violation of N.Y. Penal Law § 120.20 and of willful patient neglect in violation...

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