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DiSIMONE v. PHILLIPS

Docket No. 05-6893-pr.

461 F.3d 181 (2006)

Anthony DiSIMONE, Petitioner-Appellee-Cross-Appellant, v. William E. PHILLIPS, Eliot L. Spitzer, Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 22, 2006.

Attorney(s) appearing for the Case

John R. Bartels, Jr., Bartels & Feureisen, LLP, White Plains, N.Y., for the Petitioner-Appellee-Cross-Appellant.

Valerie A. Livingston, Assistant District Attorney for Janet DiFiore, District Attorney of Westchester County (Richard Longworth Hecht, on the brief), White Plains, N.Y., for the Respondents-Appellants-Cross-Appellees.

Before MINER and CALABRESI, Circuit Judges, and RESTANI, Chief Judge, United States Court of International Trade.

CALABRESI, Circuit Judge.

This case arises out of a 1994 fight that ultimately claimed the life of Louis Balancio, a twenty-one-year-old college student who had gone bar-hopping with his friends. Anthony DiSimone, the Petitioner-Appellee-Cross-Appellant ("DiSimone" or "Petitioner"), was identified as a suspect in Balancio's murder and went into hiding for more than five years before finally surrendering to police on November 9, 1999. On October 25, 2000, after a three...

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