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SANTONE v. FISCHER

Docket No. 10-5010-pr.

689 F.3d 138 (2012)

Brian SANTONE a/k/a Brian Irwin, Petitioner-Appellant, v. Brian FISCHER, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2012.

Attorney(s) appearing for the Case

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

Paul B. Lyons , Assistant Attorney General, New York, N.Y. ( Eric T. Schneiderman , Attorney General of the State of New York, Barbara D. Underwood , Solicitor General, Roseann B. MacKechnie , Deputy Solicitor General, New York, NY, on the brief), for Respondent-Appellee.

Judge POOLER concurs in a separate opinion.

KEARSE, Circuit Judge:

Petitioner Brian Santone, a New York State ("State") prisoner formerly known as Brian Irwin and convicted as Brian F. Irwin (hereinafter "Irwin") of, to the extent pertinent here, assault in the first degree and witness intimidation in the third degree, appeals from a judgment of the United States District Court for the Northern District of New York, Norman A. Mordue, then-Chief Judge, denying Irwin's petition pursuant to 28 U.S.C. &...

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