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HEMSTREET v. GREINER

No. 02-2747.

367 F.3d 135 (2004)

Charles HEMSTREET, Petitioner-Appellee, v. Charles GREINER, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 11, 2004.

Attorney(s) appearing for the Case

Ann C. Sullivan, Senior Assistant District Attorney, Rockland County, New York, NY (Michael E. Bongiorno, District Attorney, of counsel), for Respondent-Appellant.

Vida M. Alvy, New York, NY (Alvy & Jacobson, of counsel), for Petitioner-Appellee.

Before OAKES, MESKILL and B. D. PARKER, Circuit Judges.

Judge B.D. PARKER dissents in a separate opinion.

OAKES, Senior Circuit Judge.

Petitioner Charles Hemstreet seeks habeas relief on the grounds that he received ineffective assistance of counsel from both his trial and appellate counsel, leading to his conviction and incarceration for second-degree murder. Hemstreet argues that counsels' failure to pursue the issue of the state's intimidation of a crucial defense witness...

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