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NAPPI v. YELICH

No. 14-2201.

793 F.3d 246 (2015)

Donato NAPPI, Petitioner-Appellant, v. Bruce YELICH, Superintendent, Bare Hill Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

July 15, 2015.

Attorney(s) appearing for the Case

Christopher J. Pelli , Utica, New York, for Appellant.

Lisa Ellen Fleischmann , Assistant Attorney General (with Barbara D. Underwood , Solicitor General, and Nikki Kowalsi , Deputy Solicitor General for Criminal Matters, on the brief) for Eric T. Schneiderman, Attorney General of the State of New York, New York, New York, for Appellee.

Before: JACOBS, CALABRESI, and LYNCH, Circuit Judges.

Donato Nappi was convicted, after a jury trial in New York's Herkimer County Court, of Criminal Possession of a Weapon in the Third Degree. At the time of his arrest, Nappi was on parole after having served a long sentence for a prior, unrelated crime. His wife, Janice Nappi, reported Nappi's gun possession to his parole...

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