DiSimone v. Phillips

LEVAL, Circuit Judge:

This is an appeal by the State of New York from the grant by the United District Court for the Southern District of New York (Brieant, J.) of a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court granted the writ vacating Anthony DiSimone’s criminal conviction, and as part of its judgment ordered that New York be precluded from re-arresting and re-prosecuting the petitioner. At the conclusion of oral argument we issued an order, which affirmed the district court’s judgment insofar as it vacated Di-Simone’s conviction and released him from…