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GREEN v. TRAVIS

Docket No. 04-0426-PR.

414 F.3d 288 (2005)

David GREEN, Petitioner-Appellant, v. Brion D. TRAVIS, Chairman, New York State Division of Parole, Eliot L. Spitzer, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 7, 2005.

Attorney(s) appearing for the Case

David G. Kleinman, Arnold & Porter, LLP New York, N.Y. (David Crow, Criminal Appeals Bureau, The Legal Aid Society, New York, New York, of counsel), for petitioner-appellant.

Michael Tarbutton, Assistant District Attorney, Queens County, New York (Richard A. Brown, District Attorney, Queens County, New York, John M. Castellano, Assistant District Attorney, of counsel), for respondents-appellees.

Before: JACOBS, SOTOMAYOR and HALL, Circuit Judges.

SOTOMAYOR, Circuit Judge:

Petitioner David Green ("petitioner") appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We hold that our review of Green's claim under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is not barred by procedural default; that the Appellate Division unreasonably determined the facts concerning petitioner's Batson challenge; that reconstruction...

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