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WAITERS v. LEE

No. 15-3487-pr August Term 2016.

857 F.3d 466 (2017)

General WAITERS, Petitioner-Appellee, v. William LEE, Superintendent of Greene Haven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 22, 2017.

Attorney(s) appearing for the Case

FOR PETITIONER-APPELLEE: MEGAN WOLFE BENETT ( Gary Farrell , on the brief), New York, NY.

FOR RESPONDENT-APPELLANT: RHEA A. GROB , Assistant District Attorney ( Leonard Joblove , Jodi L. Mandel , on the brief), for Kenneth M. Thompson , District Attorney of Kings County, Brooklyn, NY.

Judge JACOBS dissents in a separate opinion.

Petitioner-Appellee General Waiters ("Waiters") got into an argument at the home of his then girlfriend, Jacqueline Warren ("Warren"), one Sunday morning in May 2006 which began, as Warren testified, when she told Waiters that he'd had "too much to drink." Trial Tr. at 399. It ended when Waiters pulled out a...

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