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TAVERAS v. SMITH

No. 05-5579.

463 F.3d 141 (2006)

Jose Martin TAVERAS, Petitioner-Appellee, v. Superintendent Joseph T. SMITH, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2006.

Attorney(s) appearing for the Case

Ursula Bentele, BLS Legal Services, Inc. (Lisa Jackson, Rachel Kish, Steven Lynch, Bolanle Mayowa, Law Interns, on the brief), New York, N.Y., for Petitioner-Appellee.

Morrie I. Kleinbart, Assistant District Attorney for Robert M. Morgenthau, District Attorney, New York County (Michael S. Morgan, Assistant District Attorney, on the brief), New York, N.Y., for Respondent-Appellant.

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

CALABRESI, Circuit Judge.

Respondent-Appellant Joseph T. Smith, Superintendent of the Shawangunk Correctional Facility in Wallkill, New York, appeals from a judgment of the United States District Court for the Southern District of New York (Stein, J.), conditionally granting the application for a writ of habeas corpus of Jose Martin Taveras ("Taveras" or "Petitioner") and ordering that Taveras be released from custody unless the New York Appellate Division...

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