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HARRIS v. KUHLMANN

Nos. 00-2740, 01-2139.

346 F.3d 330 (2003)

Curtis HARRIS, Petitioner-Appellee-Cross-Appellant, v. Robert KUHLMANN, Superintendent, Sullivan Correctional Facility, Respondent-Appellant-Cross-Appellee,.

United States Court of Appeals, Second Circuit.

Decided: October 10, 2003.

Attorney(s) appearing for the Case

Brian Sheppard, New Hyde Park, NY, for Petitioner-Appellee-Cross-Appellant.

Margaret E. Mainusch, Assistant District Attorney (Denis Dillon, District Attorney, on the brief, Peter A. Weinstein, Tammy J. Smiley, Assistant District Attorneys, of counsel), Nassau County, Mineola, NY, for Respondent-Appellant-Cross-Appellee.

Before: VAN GRAAFEILAND, CABRANES, and F.I. PARKER, Circuit Judges.

F.I. PARKER,* Circuit Judge.

Respondent-appellant-cross-appellee Robert Kuhlmann, Superintendent of the Sullivan Correctional Facility, appeals from that portion of the October 17, 2000 judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge) which granted petitioner-appellee-cross-appellant Curtis Harris's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, as...

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