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SOMERVILLE v. HUNT

Docket No. 11-1211-pr.

695 F.3d 218 (2012)

Steven SOMERVILLE, Petitioner-Appellee, v. Carol HUNT, Superintendent, Groveland Correctional Facility, and Eric Schneiderman, New York State Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2012.

Attorney(s) appearing for the Case

Richard Joselson , The Legal Aid Society, New York, NY, for Petitioner-Appellee.

Amy Appelbaum ( Leonard Joblove , on the brief), Brooklyn, NY, for Charles J. Hynes, District Attorney, Kings County, Brooklyn, NY, for Respondents-Appellants.

Before: NEWMAN, KATZMANN, and B.D. PARKER, Circuit Judges.

BARRINGTON D. PARKER, Circuit Judge:

The State of New York appeals from a decision of United States District Court for the Eastern District of New York (Garaufis, J.) granting Steven Somerville's petition for a writ of habeas corpus. See 28 U.S.C. § 2254. After Somerville's initial sentence was vacated on the ground that it was illegal, the state court resentenced Somerville to a term he contended was higher than his initial sentence and that, as...

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