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RICHARDSON v. SUPT. OF MID-ORANGE CORRECTIONAL

Docket No. 09-3655-pr.

621 F.3d 196 (2010)

Jermaine RICHARDSON, Petitioner-Appellee, v. SUPERINTENDENT OF MID-ORANGE CORRECTIONAL FACILITY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 20, 2010.

Attorney(s) appearing for the Case

Camille O'Hara Gillespie , Assistant District Attorney ( Leonard Joblove , Assistant District Attorney, of counsel), for Charles J. Hynes, District Attorney, Kings County, Brooklyn, NY, for Respondent-Appellant.

Jonathan Svetkey , Watters & Svetkey, LLP, New York, NY, for Petitioner-Appellee.

Before: JACOBS, Chief Judge, LYNCH, Circuit Judge, and RESTANI, Judge.

RESTANI, Judge:

Respondent, the Superintendent of Mid-Orange Correctional Facility ("the Superintendent"), appeals from a judgment of the United States District Court for the Eastern District of New York (Johnson, J.) granting Petitioner Jermaine Richardson's application for a writ of habeas corpus. The district court concluded that the New York state trial court improperly admitted testimony based on two pretrial...

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