UNITED STATES v. FAY


239 F.Supp. 142 (1965)

UNITED STATES of America ex rel. Murad NERSESIAN, Petitioner, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, and the People of the State of New York, Respondents.

United States District Court S. D. New York.

February 23, 1965.


Attorney(s) appearing for the Case

Murad Nersesian, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondents, Mortimer Sattler, Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

Petitioner, serving a sentence of from eight to twelve years at Green Haven Prison, New York, imposed upon his plea of guilty to felonious possession of narcotics, seeks his release on a Federal writ of habeas corpus. He charges that the State Court illegally sentenced him as a "second felony offender," since the underlying prior conviction on the Federal charge was not a felony under New York law. Petitioner has exhausted available remedies...

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