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UNITED STATES v. WALLACK

No. 65 Civil 397.

255 F.Supp. 566 (1966)

UNITED STATES ex rel. Thomas MONTGOMERY, Petitioner, v. Hon. Walter H. WALLACK, as Warden of Wallkill State Prison, Wallkill, New York, Respondent.

United States District Court S. D. New York.

June 16, 1966.

Attorney(s) appearing for the Case

Robert W. Mullen, New York City, for petitioner, The Legal Aid Society and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of New York, New York City, for respondent, Amy Juviler, Asst. Atty. Gen., of counsel.

OPINION

WEINFELD, District Judge.

Petitioner, now confined to Wallkill state prison under a sentence of from three and one-half to seven years imposed pursuant to a judgment of conviction of the crimes of conspiracy as a felony and carrying a dangerous weapon, entered upon a jury verdict in the Supreme Court of the State of New York, Kings County, seeks his release by way of a federal writ of habeas corpus. He contends that the introduction in evidence upon...

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