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UNITED STATES v. LaVALLEE

No. 375, Docket 27451.

306 F.2d 417 (1962)

UNITED STATES ex rel. Franklin LaNEAR, Relator-Appellant, v. Hon. J. Edwin LaVALLEE, as Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 12, 1962.

Attorney(s) appearing for the Case

Leon B. Polsky, Anthony F. Marra, New York City, for relator-appellant.

Mortimer Sattler, New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York), for respondent-appellee.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge.

LaNear was convicted of burglary in the second degree by the County Court of Bronx County, N. Y., in 1950. He makes no complaint as to the proceedings leading up to that conviction. If that had been his first offense, punishment would have been "for a term not exceeding fifteen years," with no minimum stipulated, N.Y.Penal Law, McKinney's Consol.Laws, c. 40, § 407(2). However, in 1938, LaNear had been convicted of burglary, on a plea...

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