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UNITED STATES v. FAY

No. 140, Docket 26225.

284 F.2d 426 (1960)

UNITED STATES of America ex rel. John SADOWY, Petitioner-Appellant, v. Edward M. FAY, Warden of Green Haven Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 25, 1960.

Attorney(s) appearing for the Case

John Sadowy pro se for appellant.

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

Before SWAN, CLARK and MEDINA, Circuit Judges.

SWAN, Circuit Judge.

In June 1954 appellant was convicted in the County Court, Queens County, New York, and was sentenced as a second felony offender to a term of imprisonment which he is still serving. On appeal the judgment was affirmed by the Appellate Division, People v. Mysholowsky [and Sadowy], 1 A.D.2d 1036, 152 N.Y.S.2d 252. Leave to appeal to the Court of Appeals was denied by Judge Fuld, and certiorari was denied Sadowy...

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