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A federal judge has temporarily withdrawn a previously granted habeas petition, admitting he did not give the trial attorney a chance to explain actions the judge had faulted as ineffective assistance of counsel. Eastern District Judge Nicholas G. Garaufis criticized what he said was the failure of Dennis Lemke of Mineola to notify the prosecution of his intention to call alibi witnesses at the trial of Charles Harrison. The judge precluded the use of the witnesses’ testimony.

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