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SMALLS v. BATISTA

No. 98-2526.

191 F.3d 272 (1999)

Kevin SMALLS, Petitioner-Appellee, v. Wilfredo BATISTA, Superintendent, Marcy Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 30, 1999.

Attorney(s) appearing for the Case

Elizabeth F. Bernhardt, Assistant District Attorney, Bronx County, Bronx, N.Y. (Robert T. Johnson, District Attorney for Bronx County, Joseph N. Ferdenzi, Assistant District Attorney, Bronx County, Bronx, NY, of counsel), for appellant.

Jeffrey I. Richman, New York City (M. Sue Wycoff, New York City, of counsel), for appellee.

BEFORE: MESKILL, PARKER and SOTOMAYOR, Circuit Judges.

MESKILL, Circuit J.

Appellant Wilfredo Batista, Superintendent of the Marcy Correctional Facility (state) appeals from an order of the United States District Court for the Southern District of New York, Sweet, J., granting petitioner-appellee Kevin Smalls' petition for a writ of habeas corpus. Smalls petitioned for the writ pursuant to 28 U.S.C. § 2254 on the grounds that the trial court's supplemental jury charge deprived him of his constitutional rights...

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