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MITCHELL v. HOKE

No. CV-89-2927.

745 F.Supp. 874 (1990)

Vincent MITCHELL, Petitioner, v. Robert HOKE, Superintendent, Eastern Correctional Facility, Respondent.

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

September 5, 1990.

Attorney(s) appearing for the Case

Sam A. Schmidt, Barocas & Schmidt, P.C., New York City, for petitioner.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, for respondent; Vida M. Alvy, Asst. Atty. Gen., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Petitioner was convicted by a jury of robbery and menacing in December 1985 in the New York State Supreme Court, Queens County. The conviction was affirmed by the Appellate Division in September 1988. The Court of Appeals denied leave to appeal in April 1989. Petitioner sought a writ of habeas corpus in September 1989. As demonstrated below, petitioner's confrontation rights were violated through the introduction...

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