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UNITED STATES v. WARDEN OF GREEN HAVEN STATE PRISON

No. 65 Civ. 2417.

258 F.Supp. 1012 (1966)

UNITED STATES of America ex rel. Andrew WALLEN, Petitioner, v. WARDEN OF GREEN HAVEN STATE PRISON, AT STORMVILLE, NEW YORK, and the People of the State of New York, Respondent.

United States District Court S. D. New York.

July 27, 1966.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, Legal Aid Society, Joshua Koplovitz, New York City, of counsel, for petitioner.

Louis J. Lefkowitz, Atty. Gen., by Iris Steel, New York City, of counsel, for respondent.

OPINION

EDELSTEIN, District Judge.

This is an application for a writ of habeas corpus on the grounds that the applicant is being held in custody in violation of the Constitution of the United States, 28 U.S.C. § 2241(c) (3) (1964). Petitioner was convicted, after a jury trial in the New York County Court of General Sessions, of two counts of robbery in the first degree and one count of possessing a pistol after prior conviction. He was sentenced on...

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