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Argued: January 11, 2002

Appeal from a judgment of the United States District Court for the Eastern District of New York (Nina Gershon, Judge) granting petitioner’s habeas corpus petition filed pursuant to 28 U.S.C. � 2254 on May 16, 2001. Affirmed.

Respondent Christopher Artuz, Superintendent of Green Haven Correctional Facility, Dutchess County, New York, appeals from a judgment of the United States District Court for the Eastern District of New York (Nina Gershon, Judge) granting petitioner Eric Jenkins’s petition for a writ of habeas corpus under 28 U.S.C. � 2254. In granting Jenkins’s petition, the district court engaged in de novo review because it concluded that the Appellate Division, Second Department, of the New York Supreme Court had not, on direct appeal, “adjudicated [the federal constitutional claim] on the merits” under 28 U.S.C. � 2254(d).

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