David Kevin Justice v. Robert Hoke, Superintendent, Eastern Correctional Facility

MAHONEY, Circuit Judge:

Respondent-appellant Robert Hoke, Superintendent, Eastern Correctional Facility, appeals from a judgment entered May 25, 1994 in the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, that granted a writ of habeas corpus to petitioner-appellee David Kevin Justice. Petitioner had been convicted in the Supreme Court of the State of New York, Kings County, of robbery in the first degree and intimidating a witness in the third degree. See People v. Justice, 172 A.D.2d 851, 569 N.Y.S.2d 456 (2d Dep’t), appeal denied, 78 N.Y.2d 923,…