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QUARTARARO v. HANSLMAIER

Docket No. 98-3745

186 F.3d 91 (1999)

Michael QUARTARARO, Petitioner-Appellee-Cross-Appellant, v. Robert HANSLMAIER, Superintendent, Woodbourne Correctional Facility, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 21, 1999.

Attorney(s) appearing for the Case

Mark D. Cohen, Chief Assistant District Attorney, Riverhead, N.Y. (James M. Catterson, Jr., District Attorney of Suffolk County, Steven A. Hovani, Michael J. Miller, Glenn Green, Assistant District Attorneys, of counsel), for Respondent-Appellant-Cross-Appellee.

Henriette D. Hoffman, The Legal Aid Society, Federal Defender Division, New York, New York, for Petitioner-Appellee-Cross-Appellant.

Before: VAN GRAAFEILAND, PARKER, Circuit Judges, and MISHLER, District Judge.

Judge MISHLER concurs in the result.

VAN GRAAFEILAND, Circuit Judge:

Robert Hanslmaier, Superintendent of New York State's Woodbourne Correctional Facility, appeals from a judgment of the United States District Court for the Eastern District of New York granting petitioner Michael Quartararo's writ of habeas corpus. The district court granted the writ on the ground that the evidence at trial was legally insufficient to establish beyond a reasonable doubt petitioner...

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