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GUEITS v. KIRKPATRICK

Docket No. 09-2335-pr.

612 F.3d 118 (2010)

Johnny GUEITS, Petitioner-Appellee v. Robert KIRKPATRICK, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 14, 2010.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, Appellate Advocates, New York, N.Y., for Petitioner-Appellee.

Edward D. Saslaw, Assistant District Attorney, Queens County (Gary S. Fidel, Jill Gross-Marks, on the brief), for Richard A. Brown, District Attorney, Queens County, Kew Gardens, N.Y., for Respondent-Appellant.

Before WALKER, McLAUGHLIN, and RAGGI, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

Respondent Robert Kirkpatrick, Superintendent of New York State's Wende Correctional Facility, appeals from the judgment of the United States District Court for the Eastern District of New York (Brian M. Cogan, Judge) granting Johnny Gueits's petition for a writ of habeas corpus. Exercising de novo review, we hold that Gueits failed to demonstrate that the New York Supreme Court, Appellate Division, was unreasonable...

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