GRIFFIN v. MANN

No. 96-3702.

156 F.3d 288 (1998)

David Orion GRIFFIN, Jr., Petitioner-Appellee, v. Louis F. MANN, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 24, 1998.


Attorney(s) appearing for the Case

Alicia R. Ouellette, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Julie S. Mereson, Assistant Attorneys General, of counsel), for Respondent-Appellant.

Daniel J. Stewart, Dreyer Boyajian, Albany, NY (William J. Dreyer, Christine M. Clark, Dreyer Boyajian, of counsel), for Petitioner-Appellee.

Before: WINTER, Chief Judge, JACOBS, and LEVAL, Circuit Judges.


WINTER, Chief Judge:

Louis Mann, Superintendent of the Shawangunk Correctional Facility, appeals from Judge Scullin's grant of a writ of habeas corpus to David Griffin, Jr. The district court held that the persistent felony offender statute, New York Penal Law § 70.10, violates the Equal Protection clause because it defines predicate convictions more broadly than does the second felony offender statute, New York Penal Law § 70.06. Assuming that the distinctions...

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