UNITED STATES v. MARTIN

No. 166, Docket 25763.

273 F.2d 344 (1959)

UNITED STATES of America ex rel. George H. MOORE, Relator Appellant, v. Walter B. MARTIN, Warden, Attica Prison, and People of State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided December 29, 1959.


Attorney(s) appearing for the Case

Sidney G. Sparrow, Ridgewood, N. Y., for appellant.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for appellees, Paxton Blair, Sol. Gen., Albany, N. Y., Irving Galt, Asst. Sol. Gen., New York City, Michael Freyberg and George K. Bernstein, Asst. Attys. Gen., of counsel.

Before SWAN, LUMBARD and FRIENDLY, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal by the relator from dismissal of a writ of habeas corpus after a hearing. Judge Burke, before whom the hearing was had, granted a certificate of probable cause.

The relator is presently serving a 30 to 60 year sentence as a second felony offender. The sentence was imposed in 1946 by the County Court of Queens County, New York, after relator's conviction of the crime of first degree robbery. The underlying felony was a...

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