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UNITED STATES v. WALLACK

237 F.Supp. 854 (1965)

UNITED STATES ex rel. Manuel ORTIZ, Relator, v. Walter M. WALLACK, Warden of Wallkill State Prison, Wallkill, New York, Respondent.

United States District Court S. D. New York.

January 26, 1965.

Attorney(s) appearing for the Case

Manuel Ortiz, pro se.

Louis J. Lefkowitz, Atty. Gen., Albany, N. Y., by Iris Steel, Asst. Atty. Gen., New York City, of counsel, for respondent.

EDELSTEIN, District Judge.

This is an application for a writ of habeas corpus on the grounds that the applicant is being held in custody in violation of the Constitution of the United States. 28 U.S.C. § 2241(c) (3) (1959).

Petitioner was sentenced to a term of four to eight years, as a first offender, after pleading guilty in County Court, Bronx County, now the Supreme Court of Bronx County, to robbery in the third degree. In his application for habeas...

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