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HAWKINS v. COSTELLO

Docket No. 05-2103-pr.

460 F.3d 238 (2006)

Sidney HAWKINS, Petitioner-Appellee, v. Joseph COSTELLO, Superintendent, Mid State Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2006.

Attorney(s) appearing for the Case

Phyllis Mintz, Assistant District Attorney, for Charles J. Hynes, District Attorney Kings County, Brooklyn, N.Y. (Leonard Joblove, on the brief), for Respondent-Appellant.

Richard E. Kwasnik, Law Office of Richard E. Kwasnik, New York, NY, for Petitioner-Appellee.

Before McLAUGHLIN and SACK, Circuit Judges, and KOELTL, District Judge.

McLAUGHLIN, Circuit Judge.

Respondent Joseph Costello, Superintendent of the Mid State Correctional Facility, appeals from the grant of Sidney Hawkins's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by the United States District Court for the Eastern District of New York (Johnson, J.). See Hawkins v. Costello, No. 00 CV 1343(SJ), 2005 WL 946412 (E.D.N.Y. Apr.15, 2005). Because the state court adjudication was not contrary to, or an...

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