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McKINNEY v. ARTUZ

Docket No. 01-2739.

326 F.3d 87 (2003)

Billy MCKINNEY, Petitioner-Appellee, v. Christopher ARTUZ, Superintendent, Green Haven Corr. Fac., Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 9, 2003.

Attorney(s) appearing for the Case

Allan N. Taffet (Edward A. White, of counsel), New York, NY, for Petitioner-Appellee.

Ann Bordley, Assistant District Attorney Kings County (Charles J. Hynes, District Attorney, Leonard Joblove, Victor Barall, Assistant District Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellant.

Before: FEINBERG and SACK, Circuit Judges, and MURTHA, District Judge.

SACK, Circuit Judge.

Respondent-Appellant Christopher Artuz, the Superintendent of Green Haven Correctional Facility in Stormville, New York, appeals from a June 8, 2001, order of the United States District Court for the Eastern District of New York (Nina Gershon, Judge) granting Petitioner-Appellee Billy McKinney's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court concluded that the state trial court denied McKinney...

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