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UNITED STATES v. FAY

184 F.Supp. 535 (1960)

UNITED STATES of America ex rel. Harvey FOREMAN, Petitioner, v. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

June 1, 1960.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Edward Q. Carr, New York City, of counsel.

Louis J. Lefkowitz, Atty. General of State of New York, for respondent; Philip Weinberg, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

Relator Harvey Foreman has petitioned this Court for a writ of habeas corpus.1 He is presently incarcerated in Green Haven State Prison in Stormville, New York, where respondent is warden. He was convicted on his plea of guilty to a charge of Robbery in the First Degree2 in the County Court of Kings County, New York. On June 22, 1955, relator was sentenced as a second

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