UNITED STATES v. FAY


219 F.Supp. 798 (1963)

UNITED STATES of America, ex rel. Herbert BATTLE, Relator, v. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

July 26, 1963.


Attorney(s) appearing for the Case

Herbert Battle, petitioner, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City (Stephen N. Rubin, Deputy Asst. Atty. Gen., of counsel), for respondent.


MacMAHON, District Judge.

This is a petition for a writ of habeas corpus. Petitioner is presently incarcerated in Green Haven Prison, Stormville, New York, following conviction in the Court of General Sessions, New York County, upon his confession and plea of guilty of the crime of attempted felonious possession of a narcotic. He was sentenced on October 28, 1959 to a term of three and one-half to seven years as a second felony offender.

The prior felony conviction...

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