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Argued: September 25, 2000

Appeal from the judgment of the United States District Court for the Southern District of New York (Sand, J.) granting a petition for a writ of habeas corpus pursuant to 28 U.S.C. � 2254. At petitioner’s criminal trial for attempted murder and related offenses in the Supreme Court of the State of New York, Sullivan County, the court precluded alibi testimony because defense counsel failed to comply with a state procedural rule mandating advance notice of intent to call such witnesses. The district court held that the exclusion violated the petitioner’s constitutional right to present witnesses in his own defense and violated his right to effective counsel. We affirm.

Judge Jacobs dissents in a separate opinion.

 
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