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NIEBLAS v. SMITH

Docket No. 98-2974.

204 F.3d 29 (1999)

Pedro NIEBLAS, Petitioner-Appellant, v. Carl A. SMITH, Superintendent, Marcy Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 1, 1999

Attorney(s) appearing for the Case

JAY L. WEINER Brooklyn, N.Y. for Petitioner-Appellant.

SHOLOM J. TWERSKY, Assistant District Attorney (Charles J. Hynes, District Attorney, Roseann B. MacKechnie, Assistant District Attorney, on the brief), Kings County, Brooklyn, N.Y. for Respondent-Appellee.

Before: WALKER and CALABRESI, Circuit Judges, and BERMAN, Judge.

WALKER, Circuit Judge:

Petitioner-appellant Pedro Nieblas appeals from the October 22, 1998 judgment of the district court denying his petition for a writ of habeas corpus. The petition, filed pursuant to 28 U.S.C. § 2241(c)(3) and former 28 U.S.C. § 2254, alleged, inter alia, that Nieblas had been denied his Sixth Amendment right to a public trial when the courtroom was closed for the testimony of one witness, an undercover officer, during his drug...

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