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GERSTEN v. SENKOWSKI

Docket No. 04-0935-PR.

426 F.3d 588 (2005)

Ben GERSTEN, Petitioner-Appellee, v. Daniel SENKOWSKI, Superintendent of Clinton Correctional Facility, Respondent-Appellant, Eliot L. Spitzer, Attorney General of the State of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2005.

Attorney(s) appearing for the Case

Georgia J. Hinde (Laurie S. Hershey and Kevin J. Keating, on the brief), New York, NY, for Petitioner-Appellee.

Karen Wigle Weiss, Assistant District Attorney (Denis Dillon, District Attorney, Nassau County, and Tammy J. Smiley, Assistant District Attorney, on the brief), Mineola, NY, for Respondent-Appellant.

WINTER and POOLER, Circuit Judges, BRIEANT, District Judge.

POOLER, Circuit Judge.

Respondent-appellant Daniel Senkowski, Superintendent of Clinton Correctional Facility, appeals from a memorandum, judgment, and order of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge), entered January 21, 2004, granting petitioner-appellee Ben Gersten's petition for a writ of habeas corpus under 28 U.S.C. § 2254, ordering that he be released...

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