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UNITED STATES v. DENNO

Nos. 523, 524, Dockets 29657, 29691.

348 F.2d 12 (1965)

UNITED STATES of America ex rel. George MALDONADO, Petitioner-Appellee, v. Hon. Wilfred L. DENNO, as Warden, Sing Sing Prison, Ossining, New York, Respondent-Appellant. UNITED STATES of America ex rel. Nicholas DiBLASI, Petitioner-Appellant, v. Hon. Daniel McMANN, as Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 12, 1965.

Attorney(s) appearing for the Case

Ben Vinar, New York City (Anthony F. Marra), New York City, for petitioner-appellee Maldonado.

Michael H. Rauch, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of New York; Samuel A. Hirshowitz, First Asst. Atty. Gen.), for respondent-appellant.

Joshua N. Koplovitz, New York City (Anthony F. Marra, Ben Vinar), New York City, for petitioner-appellant DiBlasi.

Joel Lewittes, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen.), for respondent-appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

WATERMAN, Circuit Judge:

After a jury trial in the Criminal Term of the New York Supreme Court for Kings County, George Maldonado and Nicholas DiBlasi were convicted of burglary in the third degree and of petit larceny. They received suspended sentences on the larceny counts but were sentenced to five to ten years in prison as second-felony offenders on the burglary counts. Their convictions were affirmed without opinion by the Appellate Division, Second Department...

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