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UNITED STATES v. LaVALLEE

Civ. No. 9694.

220 F.Supp. 846 (1963)

UNITED STATES of America ex rel. Fred McCRAY, Petitioner, v. Hon. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court N. D. New York.

August 15, 1963.

JAMES T. FOLEY, Chief Judge.

This application by a state prisoner sentenced under the Multiple Offender Law of New York as a second offender presents a new problem under the ruling in United States ex rel. LaNear v. LaVallee, 2 Cir., 306 F.2d 417. The petitioner was indicted in New York County in March, 1961, for Murder, First Degree, pleaded guilty to Manslaughter, First Degree, and sentenced as a second felony offender to a term...

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