UNITED STATES v. WALLACK

No. 66 Civil 29.

254 F.Supp. 1006 (1966)

UNITED STATES of America ex rel. Frank REALMUTO, Petitioner, v. Walter WALLACK, Warden of Wallkill Prison, Wallkill, New York, Respondent.

United States District Court S. D. New York.

June 6, 1966.


Attorney(s) appearing for the Case

Frank Realmuto, pro se.

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


WEINFELD, District Judge.

Petitioner, Frank Realmuto, now serving a sentence of from ten to twenty years pursuant to a state court judgment of conviction on two counts of robbery in the first degree, seeks his release by way of a federal writ of habeas corpus upon various alleged infringements of federally protected constitutional rights. The principal claims here advanced previously have been presented to the state courts, and no issue is made of failure to exhaust...

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