Court of Appeals for the Second Circuit July 3, 1997, 336, Docket 96-2281 (Ray Agard v. Leonard Portuondo, Superintendent of Fishkill Correctional Facility)

VAN GRAAFEILAND, Circuit Judge,

dissenting:

In February 1991, Ray Agard sat in a Queens County courtroom with a jury for ten days while the State of New York prosecuted him for a number of sex-related crimes. Nessa Winder and Breda Keegan were the complaining witnesses. A grand jury had indicted Agard on two counts with respect to Keegan’s claims and fourteen counts with respect to Winder’s.