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HARRIS v. ALEXANDER

Docket No. 07-3920-pr.

548 F.3d 200 (2008)

Tyrone HARRIS, Petitioner-Appellee, v. George B. ALEXANDER, Chairman, New York State Department of Parole and Andrew M. Cuomo, New York State Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 4, 2008.

Attorney(s) appearing for the Case

Robert J. Budner, Legal Aid Society, New York, N.Y., for Petitioner-Appellee.

Frederick H. Wen, Assistant Attorney General of the State of New York (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General of the State of New York, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters of the State of New York, on the brief), New York, N.Y. for Respondents-Appellants.

Before: McLAUGHLIN, LEVAL, POOLER, Circuit Judges.

LEVAL, Circuit Judge.

George B. Alexander, Chairman, New York State Department of Parole and Andrew M. Cuomo, New York State Attorney General, appeal from judgment of the United States District Court for the Southern District of New York (Scheindlin, J.) entered on August 16, 2007, granting to Tyrone Harris a writ of habeas corpus pursuant to 28 U.S.C. § 2254, setting aside Harris's conviction for possession of a controlled substance with intent to sell, N.Y...

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