UNITED STATES v. FAY

No. 450, Docket 30182.

364 F.2d 15 (1966)

UNITED STATES of America ex rel. Albert JEFFERSON, Petitioner-Appellant, v. Edward M. FAY, Warden of Green Haven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 22, 1966.


Attorney(s) appearing for the Case

Robert R. Slaughter, New York City (Anthony F. Marra, Legal Aid Society, Gail B. Chasin, New York City), for petitioner-appellant.

Mortimer Sattler, Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen. of New York, on the brief), for respondent-appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.


MOORE, Circuit Judge:

Appellant, Albert Jefferson, is presently serving a ten to fifteen year second felony offender sentence for rape, imposed in the Nassau County Court on March 7, 1958, at Green Haven State Prison, Stormville, New York. The prior felony conviction occurred on March 16, 1949 after appellant pleaded guilty to a charge of burglary in the third degree. On March 23, 1964 appellant made a motion in the Nassau County Court for resentence asserting that...

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