United States Second Circuit

Denial of a writ of habeas corpus is reversed, where the resentencing hearing afforded by the state court, following an alleged breach of the condition of petitioner's original sentence, was inconsistent with due process.

Appellate Information

• Decided 08/07/2003
• Published 08/07/2003

Judges

• MINER, Circuit Judge., Before:  MINER, McLAUGHLIN and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David E. Liebman, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Nisha M. Desai, Assistant District Attorney for Bronx County, Bronx, NY, (Joseph N. Ferdenzi, Assistant District Attorney, Robert T. Johnson, District Attorney for Bronx County, Bronx, NY, on the brief), for Respondent-Appellee.