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LANE v. LeFEVRE

No. 86-CV-445.

705 F.Supp. 88 (1989)

Warren LANE, Petitioner, v. Eugene S. LeFEVRE, Superintendent, Clinton Correctional Facility, Respondent, Sol Greenberg, Albany County District Attorney, Intervenor-Respondent.

United States District Court, N.D. New York.

February 1, 1989.

Attorney(s) appearing for the Case

F. Stanton Ackerman, Ackerman, Wachs and Finton, P.C., Albany, N.Y., for petitioner.

Robert Abrams, Atty. Gen., State of N. Y. (John S. Sherman, Asst. Atty. Gen., of counsel), Albany, N.Y., for respondent Dept. of Law.

George H. Barber, Asst. Dist. Atty. (James R. Clark, Law Clerk, on the brief), Albany, N.Y., for intervenor-respondent Sol Greenberg, Albany County Dist. Atty.

MEMORANDUM-DECISION AND ORDER

JAMES T. FOLEY, District Judge.

By a Report-Recommendation of fourteen (14) pages dated October 5, 1988, Magistrate Ralph W. Smith, Jr., of this District Court, recommended that the federal writ of habeas corpus sought in the petition of this state prisoner be granted, and the state indictment, upon which he was convicted in November, 1981, be dismissed unless a new trial is held upon two Counts of the indictment within sixty...

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