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GILCHRIST v. O'KEEFE

Docket No. 00-2466.

260 F.3d 87 (2001)

Gregory GILCHRIST, Petitioner-Appellant, v. John R. O'KEEFE, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 2, 2001.

Attorney(s) appearing for the Case

GAIL JACOBS, Great Neck, NY, for petitioner-appellant.

DAVID AXINN, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York, (Michael S. Belohlavek, Deputy Solicitor General and Marion R. Buchbinder, Assistant Solicitor General, on the brief), New York, NY, for respondent-appellee.

Before: LEVAL, SACK and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

Petitioner Gregory Gilchrist appeals from a judgment of the United States District Court for the Southern District of New York (Martin, J.) denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner claims that he was unconstitutionally deprived of counsel during his sentencing proceeding when the state trial court refused to appoint a new attorney for him after he had punched his appointed trial counsel...

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