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UNITED STATES v. GERNIE

228 F.Supp. 329 (1964)

UNITED STATES of America, v. Joseph GERNIE, Defendant-Petitioner.

United States District Court S. D. New York.

April 8, 1964.

Attorney(s) appearing for the Case

Schwartz, Troiano & Grant, New York City, for defendant-petitioner.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for United States, Andrew M. Lawler, Jr., Asst. U. S. Atty., of counsel.

FREDERICK van PELT BRYAN, District Judge.

This is an application for a writ of error coram nobis under the all-writs section of the Judicial Code, 28 U.S.C. § 1651(a). The application is directed to a conviction of petitioner Gernie for violation of probation before me on October 31, 1956, and his sentence on that conviction to a prison term of a year and a day. Petitioner completed service of the sentence on August 19, 1957. He asserts that his conviction for...

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