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MIRANDA v. BENNETT

Docket No. 99-2718.

322 F.3d 171 (2003)

Miguel MIRANDA, Petitioner-Appellant, v. Floyd BENNETT, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 26, 2003.

Attorney(s) appearing for the Case

Larry W. Yackle, Boston University School of Law, Boston, Massachusetts (Perry S. Reich, Schapiro & Reich, Lindenhurst, New York, NY, on the brief), for Petitioner-Appellant.

Amy Appelbaum, Assistant District Attorney, Kings County, Brooklyn, New York (Charles J. Hynes, District Attorney for Kings County, Leonard Joblove, Victor Barall, Assistant District Attorneys, Brooklyn, New York, Richard A. Brown, District Attorney for Queens County, John M. Castellano, Assistant District Attorney, Kew Gardens, New York, Eliot Spitzer, Attorney General for the State of New York, Valerie Singleton, Assistant Attorney General, New York, New York, on the brief), for Respondent-Appellee.

Before: KEARSE, STRAUB, and SACK, Circuit Judges.

KEARSE, Circuit Judge.

Petitioner Miguel Miranda, a New York State ("State") prisoner, seeks a certificate of appealability pursuant to 28 U.S.C. § 2253(c) to permit review of a judgment entered in the United States District Court for the Eastern District of New York which denied his petition under 28 U.S.C. § 2254 for a writ of habeas corpus vacating his conviction on the grounds, inter alia, that he was...

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