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DAVIS v. GREINER

Docket No. 04-4087-PR.

428 F.3d 81 (2005)

Gordon DAVIS, Petitioner-Appellant, v. Charles GREINER, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 11, 2005.

Attorney(s) appearing for the Case

Georgia J. Hinde, New York, NY, for Petitioner-Appellant.

Michael J. Miller, Assistant District Attorney (Thomas J. Spota, District Attorney of Suffolk County, on the brief), Riverhead, NY, for Respondent-Appellee.

Before: CALABRESI, CABRANES, and POOLER, Circuit Judges.

POOLER, Circuit Judge.

Petitioner Gordon Davis, currently incarcerated in a New York state prison, appeals from the June 21, 2004 amended judgment of the United States District Court for the Eastern District of New York (Seybert, J.), denying his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, but issuing a certificate of appealability (COA). Davis's habeas petition sought to challenge his New York state conviction on two counts of...

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