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YUNG v. WALKER

Docket No. 01-2299.

341 F.3d 104 (2003)

Hoi Man YUNG, Petitioner-Appellee, v. Hans WALKER, Superintendent, Auburn Correctional Facility, and Eliot L. Spitzer, New York State Attorney General, Respondents-Appellants,

United States Court of Appeals, Second Circuit.

Decided: June 27, 2002.

Amended: August 1, 2003.

Attorney(s) appearing for the Case

JEFFREY I. RICHMAN, The Legal Aid Society-Criminal Appeals Bureau, New York, NY (Andrew C. Fine, on the brief,) for Petitioner-Appellee.

MELANIE L. OXHORN, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Preeta D. Bansal, Solicitor General, Robin Forshaw, Assistant Solicitor General, on the brief), New York, NY, for Respondents-Appellants.

Before: POOLER and SOTOMAYOR, Circuit Judges, KAPLAN, District Judge.

POOLER, Circuit Judge.

New York State Attorney General Eliot L. Spitzer and Auburn Correctional Facility Superintendent Hans Walker (collectively, the "State") appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) granting petitioner Hoi Man Yung a conditional writ of habeas corpus. Because Yung filed his petition, which contested the closure of his trial to relatives during the testimony of...

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