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BRINSON v. WALKER

Docket No. 06-0618-pr.

547 F.3d 387 (2008)

Jeremiah K. BRINSON, Petitioner-Appellee, v. Hans WALKER, Superintendent of Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2008.

Attorney(s) appearing for the Case

Robert J. Boyle, Law Office of Robert J. Boyle, New York, NY, for Petitioner-Appellee.

Ashlyn Dannelly, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Robin A. Forshaw, Deputy Solicitor General for Criminal Matters, on the brief), Office of New York State Attorney General, New York, NY, for Respondent-Appellant.

Before: KEARSE, LEVAL, and SACK, Circuit Judges.

LEVAL, Circuit Judge:

Respondent Hans Walker, Superintendent of the Auburn Correctional Facility of the State of New York, appeals from the judgment of the United States District Court for the Western District of New York (Victor E. Bianchini, U.S.M.J.),1 which granted a writ of habeas corpus under 28 U.S.C. § 2254, setting aside Petitioner Jeremiah Brinson's New York State conviction...

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