ACCIARELLO v. OSWALD


236 F.Supp. 237 (1964)

Anthony A. ACCIARELLO, Petitioner, v. Hon. Russell M. OSWALD and Hon. Edward M. Fay, Respondents.

United States District Court S. D. New York.

December 4, 1964.


Attorney(s) appearing for the Case

Anthony A. Acciarello, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondents; Brenda S. Soliff, Dep. Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

The petitioner, detained under a judgment of conviction entered in the former Kings County Court, State of New York, presents what appears to be a combination of a petition for release under a writ of habeas corpus and an action for a declaratory judgment. His claim for relief, which he seeks to cast in constitutional terms, relates to a maximum four-year term imposed under the judgment of conviction which he "seeks to restore."

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