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VASQUEZ v. STRACK

No. 98-2590.

228 F.3d 143 (2000)

Jose VASQUEZ, Petitioner-Appellant, v. Wayne STRACK, Superintendent, Fishkill Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 14, 2000.

Attorney(s) appearing for the Case

Mitchell J. Briskey, the Legal Aid Society, New York, NY, for Appellant.

Jennifer Correale, Assistant District Attorney, Bronx, NY (Robert T. Johnson, Bronx County District Attorney, Craig Steinberg, Joseph N. Ferdenzi, Nancy D. Killian, Assistant District Attorneys, of counsel), for Appellee.

Lawrence S. Lustberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, filed a brief on behalf of amici curiae Honorable James Deanda, Honorable Marvin E. Frankel, Honorable A. Leon Higginbotham, Honorable Shirley M. Hufstedler, Honorable George N. Leighton, Honorable James K. Logan, Honorable Abner J. Mikva, Honorable Lawrence W. Pierce, Honorable George C. Pratt, Honorable John V. Singleton, Jr., and Honorable Harold R. Tyler, Jr., in support of Appellant's position.

Before: MINER, JACOBS, and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Jose Vasquez appeals from the judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge), denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court granted a certificate of appealability on July 27, 1998.

On appeal, Vasquez argues, inter alia, that (1) the court below incorrectly interpreted the standard by which federal courts must...

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