Court of Appeals for the Second Circuit January 14, 2003, Docket 02-2343 (Louis Grotto v. Victor Herbert, Superintendent, Collins Correctional Facility)

KEARSE, Circuit Judge.

Respondent Victor Herbert, superintendent of New York State’s Collins Correctional Facility (the “State”), appeals from a judgment of the United States District Court for the Northern District of New York, David N. Hurd,

Judge,

granting petitioner Louis Grotto (“Grotto”) a writ of habeas corpus pursuant to 28 U.S.C.