United States Second Circuit

Grant of habeas petition, reversing four of eight counts in an indictment, is remanded for entry of a modified judgment that vacates only three counts, where punishments for those counts was unconstitutionally imposed.

Appellate Information

• Decided 10/29/2007
• Published 10/29/2007

Judges

• JON O. NEWMAN, Circuit Judge., Before MESKILL, NEWMAN, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Malancha Chanda, Asst. Atty. General, New York, N.Y. (Eliot Spitzer, N.Y. State Atty. General, Robin A. Forshaw, Deputy Solicitor General, Office of the N.Y. State Attorney General, New York, N.Y., on the brief), for Respondent-Appellant., Livingston L. Hatch, Plattsburgh, N.Y., submitted correspondence for Petitioner-Appellee.