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GARNER v. LEE

No. 17-78-pr August Term 2017.

908 F.3d 845 (2018)

Blair GARNER, Petitioner-Appellee, v. William LEE, as Superintendent of Greenhaven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2018.

Attorney(s) appearing for the Case

FOR PETITIONER-APPELLEE: NORMAN TRABULUS , Law Office of Norman Trabulus, New York, New York.

FOR RESPONDENT-APPELLANT: MICHAEL J. MILLER , pro bono publico, for Timothy D. Sini , District Attorney of Suffolk County, Riverhead, New York.

Before: Raggi, Livingston, and Lohier, Circuit Judges.

One night in April 2002, Karl Keith ("Keith"), a 20-year-old student at Westchester Community College who lived with his parents, and Jesse Merkelson ("Merkelson"), his cousin and a 23-year-old college student at Carnegie Mellon University, met in a parking lot with Petitioner-Appellee Blair Garner ("Garner"...

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