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APARICIO v. ARTUZ

Docket No. 00-2350.

269 F.3d 78 (2001)

David APARICIO, Petitioner-Appellant-Cross-Appellee, v. Christopher ARTUZ, Superintendent, Green Haven Corr. Facility, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: October 5, 2001.

Attorney(s) appearing for the Case

Donna R. Newman, New York, NY, for Petitioner-Appellant-Cross-Appellee.

Phyllis Mintz, District Attorney's Office Kings County, Brooklyn, NY, (Leonard Joblove, on the brief) for Respondent-Appellee-Cross-Appellant.

Before McLAUGHLIN, CABRANES, Circuit Judges, and COTE, District Judge.

McLAUGHLIN, Circuit Judge:

BACKGROUND

This case arises out of a short-lived crime spree on the morning of January 29, 1991. Around daybreak, Carlos Medina was riding the subway through Brooklyn, when another passenger tried to rob him at gunpoint. A New York City Transit Police officer happened upon the crime in progress and attempted to intervene; the gunman fired four shots, hitting the police officer twice. At the next stop, the gunman fled the subway...

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