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SHIH WEI SU v. FILION

Docket No. 02-2683.

335 F.3d 119 (2003)

SHIH WEI SU, Petitioner-Appellant, v. Gary H. FILION, Superintendent, Coxsackie Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2003.

Attorney(s) appearing for the Case

Katheryne M. Martone, Legal Aid Society, Brooklyn, New York, for Appellant.

Donna Aldea, Assistant District Attorney, for Richard A. Brown, District Attorney for Queens County (John M. Castellano, Lisa Drury, Assistant District Attorneys, on the brief), Kew Gardens, New York, for Appellee.

Before: CALABRESI, F.I. PARKER, SACK, Circuit Judges.

CALABRESI, Circuit Judge.

Petitioner-Appellant Shih Wei Su has brought a habeas corpus petition under 28 U.S.C. § 2254 challenging his conviction in New York state court on two counts of attempted murder in the second degree, two counts of assault in the first degree, and one count of criminal possession of a weapon in the second degree. He claims that the prosecution misled the trial court concerning the cooperation agreement it had with a key witness, Jeffrey...

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