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UNITED STATES v. FAY

219 F.Supp. 152 (1963)

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

United States District Court S. D. New York.

June 18, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen. of New York, Irving Galt and Vincent A. Marsicano, Asst. Attys. Gen., New York City, for relator.

Anthony F. Marra, New York City, by Leon B. Polsky, New York City, of counsel, for respondent.

EDELSTEIN, District Judge.

This is an application by a prisoner in custody pursuant to a judgment of the Kings County Court of the State of New York, for a writ of habeas corpus, 28 U.S.C. § 2243 (1952). Relator was found guilty after a jury trial of the crime of grand larceny in the first degree. He was sentenced on December 5, 1952, to a term of from twenty-five years to life as a fourth felony offender, pursuant to New York's Multiple Offender Law. See N.Y...

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