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DUNNIGAN v. KEANE

Docket No. 97-2570.

137 F.3d 117 (1998)

Richard W. DUNNIGAN, Petitioner-Appellee, v. John P. KEANE, Superintendent, Sing Sing Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 19, 1998.

Attorney(s) appearing for the Case

Julie M. Lewis, Rochester, NY (Gregory J. McDonald, Harris Beach & Wilcox, Rochester, NY, on the brief), for Petitioner-Appellee.

Alicia R. Ouellette, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, NY, on the brief), for Respondent-Appellant.

Before: OAKES, KEARSE, and FRIEDMAN, Circuit Judges.

KEARSE, Circuit Judge:

Respondent John P. Keane, superintendent of the New York State (collectively the "State") correctional facility at which petitioner Richard W. Dunnigan is imprisoned, appeals from a judgment of the United States District Court for the Western District of New York, David G. Larimer, Chief Judge, conditionally granting Dunnigan's petition for a writ of habeas corpus unless the State grants Dunnigan a new trial. The district court concluded...

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