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OVERTON v. NEWTON

No. 98-CV-5507 (FB).

146 F.Supp.2d 267 (2001)

George OVERTON, Petitioner, v. James NEWTON, Superintendent, Watertown Correctional Facility, Respondent.

United States District Court, E.D. New York.

June 11, 2001.

Attorney(s) appearing for the Case

Ian Rosenberg, Cahill Gordon & Reindel, New York City, for petitioner.

Eliot Spitzer, Attorney General of the State of New York, by Robin A. Forshaw, Dian Kerr McCullough, New York City, for respondent.

MEMORANDUM AND ORDER

BLOCK, District Judge.

In this habeas proceeding pursuant to 28 U.S.C. § 2254, petitioner George Overton ("Overton") has established that his rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), have been violated.1

BACKGROUND

Overton, who is black, was convicted by a jury in Queens County Supreme Court...

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