BROWN v. ANDREWS

No. 98-2717.

220 F.3d 634 (2000)

Rose Ann BROWN, Petitioner-Appellant, v. Anginell ANDREWS, Superintendent of Albion Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2000.


Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York, N.Y. (Joseph M. Nursey, of counsel), for Petitioner-Appellant.

Preeta D. Bansal, Solicitor General of the State of New York, New York, NY, for Eliot L. Spitzer, Attorney General (Edward D. Johnson, Deputy Solicitor General, and Melanie L. Oxhorn, Patrick J. Walsh, Assistant Solicitors General, of counsel), for Respondent-Appellee.

Before: WINTER, Chief Judge, and KEARSE, WALKER, JACOBS, LEVAL, CALABRESI, CABRANES, PARKER, POOLER, SACK, SOTOMAYOR, and KATZMANN, Circuit Judges.


PER CURIAM.

This is a petition under 28 U.S.C. § 2254 challenging a New York State narcotics conviction on the ground that the trial judge ordered the courtroom closed during the testimony of an undercover police officer under circumstances that do not conform to the constitutional standards. The district court denied the petition. A panel of this court reversed, directing that the petition be granted. We voted to rehear the appeal in banc.

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