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FONG v. POOLE

No. 06 Civ. 1719(GEL).

522 F.Supp.2d 642 (2007)

Jose FONG, Petitioner, v. Thomas POOLE, Superintendent, Five Points Correctional Facility, Respondent.

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

November 21, 2007.

Attorney(s) appearing for the Case

Andrew J. Ceresney, Sara M. Zausmer, Jeffrey C. Berman, Debevoise & Plimpton LLP, New York, NY, for petitioner.

Andrew M. Cuomo, Attorney General of the State of New York (Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, Ashlyn H. Dannelly, Assistant Attorney General, of Counsel), for respondent.

OPINION AND ORDER

GERARD E. LYNCH, District Judge.

Jose Fong, an inmate at the Clinton Correctional Facility, petitions for a writ of habeas corpus pursuant, to 28 U.S.C. § 2254, arguing that the Allen charge issued to the jury during his trial deprived him of his constitutional rights to a fair trial and due process. The petition will be granted.

BACKGROUND

Only facts relevant to the present petition will be recited here.<...

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