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UNITED STATES EX REL. DENNIS v. MURPHY

265 F.2d 57 (1959)

UNITED STATES of America ex rel. Gerard DENNIS, Relator-Appellant, v. Robert E. MURPHY, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 2, 1959.

Attorney(s) appearing for the Case

Gerard Dennis, relator-appellant pro se.

Michael Freyberg, Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen. of State of New York, on the brief), for respondent-appellee.

Before MADDEN, Judge, United States Court of Claims, and LUMBARD and MOORE, Circuit Judges.

PER CURIAM.

Relator is presently confined as the result of a 1949 felony conviction had upon his plea of guilty in County Court, Westchester County, to indictments charging various degrees of robbery, burglary and grand larceny. He was sentenced as a fourth offender to serve eighteen years to life imprisonment after the District Attorney had filed informations alleging fourteen prior Canadian felony convictions. New York Penal Law, McKinney's Consol.Laws, c. 40, ...

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