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UNITED STATES v. WILKINS

No. 131, Docket 28894.

342 F.2d 529 (1965)

UNITED STATES of America ex rel. John W. HARTON, Relator-Appellee, v. Walter H. WILKINS, Warden of Attica State Prison, Attica, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 10, 1965.

As Modified April 14, 1965.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Mara for the Legal Aid Society of New York, Leon B. Polsky, New York City, of counsel), for relator-appellee.

Brenda Soloff, Asst. Atty. Gen. of State of New York (Louis F. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Amy Juviler, Asst. Atty. Gen., of counsel), for respondent-appellant.

Before SWAN, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge:

Petitioner (relator-appellee), John W. Harton, is presently in the custody of the State of New York, serving a five to fifteen year prison term under a judgment (Oswego County Court) entered upon his plea of guilty to the crime of forgery, second degree. New York Penal Law, McKinney's Consol.Laws, c. 40, Secs. 887, 888. He was sentenced as a third offender under New York multiple offender legislation. New York Penal Law §§ 1941, 1943...

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