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PEOPLE OF THE STATE OF NEW YORK v. FAY

215 F.Supp. 653 (1963)

The PEOPLE OF the STATE OF NEW YORK ex rel. John GWYNN, Petitioner, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York. Respondent.

United States District Court S. D. New York.

March 29, 1963.

Attorney(s) appearing for the Case

John Gwynn, petitioner, pro se.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, by Barry J. Lipson, Deputy Asst. Atty. Gen., for respondent.

TYLER, District Judge.

Petitioner in this habeas corpus proceeding is presently confined in Green Haven Prison, Stormville, New York, pursuant to a judgment of conviction entered in the Court of General Sessions, New York County, on November 24, 1959 upon petitioner's plea of guilty to the reduced charge manslaughter in the first degree. (New York Penal Law, McKinney's Consol.Laws, c. 40, § 1050). On that date Judge Schweitzer of the Court

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