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GUEITS v. KIRKPATRICK

No. 06-CV-0849 (BMC)(JO).

618 F.Supp.2d 193 (2009)

Johnny GUEITS, Petitioner, v. Robert KIRKPATRICK, Superintendant, Respondent.

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

May 26, 2009.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, Appellate Advocates, New York, NY, for Petitioner.

New York State Attorney Generals Office, Queens County District Attorneys Office, Edward D. Saslaw, Kew Gardens, NY, for Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

COGAN, District Judge.

This case is before the Court on respondent's timely filed objections to the Report and Recommendation ("R & R") of the Hon. James Orenstein, which recommended granting the pending petition for a writ of habeas corpus and ordering the State of New York either to retry petitioner within 45 days or to release him. For the reasons set forth below, the R & R is adopted and the petition...

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