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PERKINS v. HERBERT

Docket No. 08-1490-pr.

596 F.3d 161 (2010)

Victor PERKINS, Petitioner-Appellee, v. Victor T. HERBERT, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 23, 2010.

Attorney(s) appearing for the Case

Julia Pamela Heit, Esq., New York, NY, for Petitioner-Appellee.

Michael C. Green, Esq., District Attorney for Monroe County, Kelly Christine Wolford, Esq., Assistant District Attorney, Rochester, NY, for Respondent-Appellant.

Before: MINER and LIVINGSTON, Circuit Judges, and TRAGER, District Judge.

TRAGER, District Judge.

On March 27, 1998, a Grand Jury charged Petitioner Victor Perkins ("Perkins") with one count of first degree robbery (N.Y. Penal Law § 160.15(4)), two counts of criminal possession of a weapon in the second degree (N.Y. Penal Law § 265.03), two counts of criminal possession of a weapon in the third degree (N.Y. Penal Law § 265.02(4)), and one count of unlawful imprisonment in the first degree (N.Y. Penal Law § 135.10). All...

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