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DISIMONE v. PHILLIPS

Docket No. 07-0522-pr.

518 F.3d 124 (2008)

Anthony DiSIMONE, Petitioner, v. William PHILLIPS, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2008.

Attorney(s) appearing for the Case

John Bartels, Jr., Bartels and Feureisen, LLP, White Plains, NY, (David Feureisen, of counsel), for Petitioner.

Valerie A. Livingston, Assistant District Attorney, Westchester County, White Plains, NY, for Respondent.

Before: Jacobs, Chief Judge, Leval, Sotomayor, Circuit Judges.

LEVAL, Circuit Judge:

This is an appeal by the State of New York from the grant by the United District Court for the Southern District of New York (Brieant, J.) of a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court granted the writ vacating Anthony DiSimone's criminal conviction, and as part of its judgment ordered that New York be precluded from re-arresting and re-prosecuting the petitioner. At the conclusion of oral argument...

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