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COUSIN v. BENNETT

Docket No. 03-2837-pr.

511 F.3d 334 (2008)

Herbert COUSIN, Petitioner-Appellant, v. Floyd G. BENNETT, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 4, 2008.

Attorney(s) appearing for the Case

Julia Pamela Heit, New York, NY, for Appellant.

Guy Arcidiacono, Assistant District Attorney, Suffolk County, Riverhead, N.Y. (Thomas J. Spota, District Attorney of Suffolk County, on the brief), for Appellees.

Before: LEVAL, CABRANES, RAGGI, Circuit Judges.

LEVAL, Circuit Judge:

Petitioner, Herbert Cousin, appeals from an order of the United States District Court for the Eastern District of New York (Weinstein, J.), denying a petition for habeas corpus under 28 U.S.C. § 2254. Petitioner sought to vacate a New York State court conviction on the ground that the New York courts misapplied Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), when they found...

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