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UNITED STATES v. MARTIN

283 F.2d 344 (1960)

UNITED STATES ex rel. Ralph DARLING, Relator-Appellant, v. Walter B. MARTIN, Warden, Attica State Prison, Attica, New York and The People of the State of New York, Respondents.

United States Court of Appeals Second Circuit.

Decided October 13, 1960.

Attorney(s) appearing for the Case

Ralph Darling, relator-appellant, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Stephen Mindell, Brooklyn, for respondents.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

Relator is presently incarcerated in Attica State Prison, Attica, New York, by virtue of a final judgment of the County Court of Broome County in the State of New York, as a second felony offender, for a term of from ten to twenty years. His application for a writ of habeas corpus to the United States District Court for the Western District of New York was denied without a hearing and his application for a certificate of probable cause was denied. He now...

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