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LOVE v. McCRAY

Docket No. 03-2307-PR.

413 F.3d 192 (2005)

Richard LOVE, Jr., Petitioner-Appellant, v. Frank McCRAY, Superintendent of Livingston Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 1, 2005.

Attorney(s) appearing for the Case

Allan N. Taffet, Esq., New York, NY, for Appellant.

Dorothy E. Hill, Assistant Attorney General (Eliot Spitzer, Attorney General for the State of New York, and Andrea Oser, Assistant Attorney General, on the brief), Albany, NY, for Appellee.

Before: WALKER, Chief Judge, and JACOBS and WESLEY, Circuit Judges.

PER CURIAM.

We previously granted a certificate of appealability ("COA") in this appeal by Richard Love, Jr., from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.) that denied § 2254 habeas relief. Our order appointed counsel to brief the question whether the prosecutor in the underlying criminal case violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d...

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