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HEMSTREET v. GREINER

No. 02-2747.

378 F.3d 265 (2004)

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

United States Court of Appeals, Second Circuit.

Decided May 11, 2004.

Opinion Filed August 2, 2004.

Attorney(s) appearing for the Case

Ann C. Sullivan District Attorneys Office, New York, NY, for Respondent-Appellant.

Vida M. Alvy Alvy & Jacobson, New York, NY, for Petitioner-Appellee.

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

ON RECONSIDERATION

OAKES, Senior Circuit Judge.

Petitioner sought habeas relief for ineffective assistance of counsel on the basis that his trial and appellate counsel did not seek a remedy for the state's intimidation before trial of a vital defense witness. The United States District Court for the Southern District of New York, Charles S. Brieant, Judge, granted the petition, finding that the trial and appellate counsels' omissions were not a matter...

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