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BROWN v. KUHLMANN

No. 426, Docket 97-2189.

142 F.3d 529 (1998)

Andre BROWN, Petitioner-Appellee, v. Robert KUHLMANN, Superintendent of Sullivan Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 24, 1998.

As Amended June 1, 1998.

Attorney(s) appearing for the Case

Marc Frazier Scholl, Assistant District Attorney, New York County (Robert M. Morgenthau, District Attorney and Mark Dwyer, Assistant District Attorney, on the brief), for Respondent-Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York City (Rosemary Herbert, David Blair-Loy, on the brief), for Petitioner-Appellee.

Before: MESKILL and JACOBS, Circuit Judges, and KORMAN, District Judge.

KORMAN, District Judge:

Andre Brown was convicted of participating in the kidnapping of Isidro Sanchez, a 21 year-old emigre from the Dominican Republic. Sanchez was held for twelve hours during which he was kept blindfolded and beaten. Before he was rescued by the Emergency Services Unit of the New York City Police Department, ransom telephone demands were made to his family by the kidnappers. Some of these demands were recorded by the police, who had been called...

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