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BRISCO v. ERCOLE

Docket No. 05-4339-pr.

565 F.3d 80 (2009)

Frank BRISCO, Petitioner-Appellee, v. Robert ERCOLE, Superintendent of Green Haven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 13, 2009.

Attorney(s) appearing for the Case

Guy Arcidiacono, Assistant District Attorney (Thomas J. Spota, District Attorney of Suffolk County, on the brief), Riverhead, New York, for Respondent-Appellant.

Sally Wasserman, New York, NY, for Petitioner-Appellee.

Judge KORMAN concurs in a separate opinion.

JOSÉ A. CABRANES, Circuit Judge:

Respondent Robert Ercole, Superintendent of Green Haven Correctional Facility, appeals from a judgment of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge) granting petitioner Frank Brisco's application for a writ of habeas corpus. Brisco was arrested for burglary after he was identified by the crime victim in a "showup" identification that took place approximately one hour after...

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