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UNITED STATES v. MARTIN

No. 340, Docket 25294.

271 F.2d 298 (1959)

UNITED STATES of America ex rel. Michael A. GARCIA, Petitioner-Appellant, v. Walter B. MARTIN, Warden of Attica Prison, Attica, New York and The People of the State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided October 15, 1959.

Attorney(s) appearing for the Case

William D. Powers, New York City, for petitioner-appellant.

Peter F. Gulotta, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Irving Galt, Asst. Sol. Gen., New York City, Michael Freyberg and George K. Bernstein, Asst. Attys. Gen., on the brief), for appellees.

Before HINCKS and MOORE, Circuit Judges, and SMITH, District Judge.

HINCKS, Circuit Judge.

Garcia appeals from an order denying, without a hearing, his petition for a writ of habeas corpus entered in the District Court for the Western District of New York. He is presently serving a sentence of twenty years to life imprisonment imposed by the County Court of Queens County on March 28, 1955, after conviction upon sixteen counts including charges of kidnapping, assault and robbery.

Garcia was represented by counsel during...

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