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WASHINGTON v. GRIFFIN

No. 15-3831-pr August Term 2016.

876 F.3d 395 (2017)

Kenneth WASHINGTON, Petitioner-Appellant, v. Thomas GRIFFIN, Superintendent, Sullivan Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 28, 2017.

Attorney(s) appearing for the Case

PAUL SKIP LAISURE ( Lynn W.L. Fahey , on the brief), Appellate Advocates, New York, New York, for Petitioner-Appellant.

WILLIAM H. BRANIGAN , Assistant Queens Country District Attorney ( John M. Castellano and Joseph N. Ferdendzi , Assistant Queens County District Attorneys, on the brief), for Richard A. Brown , Queens County District Attorney, Kew Gardens, New York, for Respondent-Appellee.

Chief Judge Katzmann concurs in a separate opinion.

Petitioner-Appellant Kenneth Washington ("Washington") appeals from a judgment of the United States District Court for the Eastern District of New York (Block, J.), entered on November 5, 2015, denying his petition for a writ of habeas corpus. Washington was convicted in New

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