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FAGAN v. KUHLMAN

Nos. 99 CV 2591(JBW),03 MISC 0066(JBW).

267 F.Supp.2d 388 (2003)

Calbert FAGAN, Petitioner, v. Robert KUHLMAN, Respondent.

United States District Court, E.D. New York.

June 10, 2003.

Attorney(s) appearing for the Case

Patricia A. Murphy, Riverhead, NY, for Respondent.

MEMORANDUM ORDER AND JUDGMENT

WEINSTEIN, Senior District Judge.

A hearing was set for July 25, 2003, at 2 p.m. A thorough examination of the record indicates that no hearing is required. The matter can be decided on the basis of the extensive papers before the court.

A direct appeal from a conviction in a federal district court might well have led to a reversal based upon the trial court's solution to a hearsay problem. Nevertheless, this...

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