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UNITED STATES v. LaVALLEE

No. 171, Docket 27617.

312 F.2d 308 (1963)

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

United States Court of Appeals Second Circuit.

Decided January 16, 1963.

Attorney(s) appearing for the Case

Christopher G. Stoneman, New York City, for relator-appellant.

Louis J. Lefkowitz, Atty. Gen. of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Gretchen White Oberman, Asst. Atty. Gen., of counsel), for respondent-appellee.

Before CLARK, KAUFMAN and HAYS, Circuit Judges.

KAUFMAN, Circuit Judge.

Ciehala was indicted on October 26, 1945 by the Grand Jury of Richmond County, New York, for the crime of robbery, grand larceny, and assault. Before he could be brought to trial on these charges, Ciehala was sentenced as a third felony offender for the commission of another crime and was incarcerated. On April 24, 1951, the day after his release from prison, the relator was arraigned upon the indictment of October 26, 1945, and he was finally...

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