No. 02-2382.

329 F.3d 290 (2003)

Brian JONES, Petitioner-Appellee, v. John KEANE, Superintendent, Woodbourne Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 13, 2003.

Amended: May 14, 2003.

Attorney(s) appearing for the Case

Andrew R. Kass, Assistant District Attorney (Richard A. Brown, District Attorney of Queens County, John M. Castellano, Assistant District Attorney, of counsel and on the brief), for Francis D. Phillips, II, District Attorney of Orange County, Goshen, NY, for Respondent-Appellant.

Robert N. Isseks (Alex Smith, on the brief), Middletown, NY, for Petitioner-Appellee.

Before: OAKES, KEARSE, and B.D. PARKER, Circuit Judges.

B.D. PARKER, Jr., Circuit Judge.

Respondent-appellant John P. Keane, superintendent of the Woodbourne Correctional Facility, appeals the grant of Brian Jones's petition for a writ of habeas corpus by the United States District Court for the Southern District of New York (Brieant, J.). Jones claimed, and the court agreed, that the New York second-degree murder statute, under which he was convicted, was unconstitutionally vague. See N.Y. Penal Law § 125...

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