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UNITED STATES v. FAY

237 F.Supp. 142 (1965)

UNITED STATES of America ex rel. Josh ALEXANDER, Relator-Petitioner, v. Edward M. FAY, as Warden, Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

January 12, 1965.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Joshua N. Koplovitz, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of New York, for respondent; John DeWitt Gregory, Asst. Atty. Gen., of counsel.

WYATT, District Judge,

This petitioner for a writ of habeas corpus, Josh Alexander, is in the custody of the penal authorities of New York serving at Green Haven Prison, Stormville, Dutchess County, a sentence of imprisonment of from five to ten years imposed on December 13, 1961 by the former Kings County Court (Sobel, J.) after petitioner had been found guilty of burglary in the third degree (Penal Law, McKinney's Consol. Laws, c. 40, § 404). The trial had...

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