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UNITED STATES v. LA VALLEE

Civ. No. 8174.

188 F.Supp. 470 (1960)

UNITED STATES of America ex rel. Thomas KLING, Relator-Petitioner, v. J. E. LA VALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court N. D. New York.

October 10, 1960.

Attorney(s) appearing for the Case

Thomas Kling, relator-petitioner pro se.

Louis J. Lefkowitz, Atty. Gen., of New York, Frank D. O'Connor, Dist. Atty., Queens County, Long Island City, N. Y., Raymond B. Madden, Asst. Atty. Gen., Benjamin J. Jacobson, Asst. Dist. Atty., Long Island City, of counsel, for respondent.

JAMES T. FOLEY, District Judge.

The relator was convicted in Queens County, New York, after a jury trial, of burglary third degree, robbery first degree and assault second degree, and on May 2, 1952 was sentenced by Queens County Judge Farrell as a fourth felony offender to a term of from thirty years to life. He was resentenced on April 28, 1958 as a third offender to a term of not less than twenty nor more than sixty...

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