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GALARZA v. KEANE

Docket No. 97-2607.

252 F.3d 630 (2001)

Edwin GALARZA, Petitioner-Appellant, v. John P. KEANE, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 8, 2001.

Attorney(s) appearing for the Case

Julia Pamela Heit, New York, NY, for petitioner-appellant.

Efrem Z. Fischer, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Edward Johnson, Deputy Solicitor General, Michael S. Belohlavek, Assistant Solicitor General, on the brief), New York, NY, for respondent-appellee.

Before: WALKER, Chief Judge, POOLER, and SOTOMAYOR, Circuit Judges.

Chief Judge WALKER dissents in a separate opinion.

SOTOMAYOR, Circuit Judge:

Petitioner-appellant Edwin Galarza ("Galarza") appeals from a judgment of the United States District Court for the Southern District of New York (McKenna, J.) denying his petition for a writ of habeas corpus. The district court held, inter alia, that Galarza failed to show that the prosecutor's exercise of peremptory challenges to strike Hispanic members of the venire

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