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BROWN v. KEANE

United States District Court, S.D. New York


February 19, 2004.

TROY BROWN, Petitioner against JOHN KEANE, Superintendent, Woodburne Correctional Facility, and ELIOT SPITZER, Attorney General of the State of New York, Respondents

The opinion of the court was delivered by: LEWIS A. KAPLAN, District Judge

ORDER

Based upon the decision of the United States Court of Appeals for the Second Circuit, the petition for a writ of habeas corpus is granted. On consent of the District Attorney of the County of Bronx, the petitioner shall be released from custody unless, not later than thirty (30) days after the date of this order, the People commence a new trial of petitioner. The Clerk shall close the case.

SO ORDERED.

20040219

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