Court of Appeals for the Second Circuit October 3, 1977, 988, Docket 77-2006 (Thomas Lipuma v. Commissioner, Department of Corrections, State of New York)

ROBERT P. ANDERSON, Circuit Judge:

This is an appeal from a judgment entered September 24,1976 vacating petitioner Thomas LiPuma’s New York state conviction for a second degree burglary and petit larceny and granting a writ of habeas corpus pursuant to 28 U.S.C. § 2254 unless the State commenced proceedings to retry the petitioner within 60 days of the judgment.