UNITED STATES v. McMANN

Nos. 197, 198, Dockets 30674, 30675.

370 F.2d 757 (1967)

UNITED STATES of America ex rel. Joseph John McCULLERS, Relator-Appellant, v. Daniel McMANN, Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 6, 1967.


Attorney(s) appearing for the Case

Philip C. Pinsky, Syracuse, N. Y., for appellant.

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Norman Beck, Asst. Atty. Gen., on the brief), for appellee.

Before WATERMAN, MOORE and HAYS, Circuit Judges.


HAYS, Circuit Judge:

Appellant is a New York State prisoner confined in Clinton State Prison. He was sentenced on February 23, 1961 as a third felony offender to a term of from fifteen to twenty years upon his conviction after a jury trial for second degree burglary, petit larceny and possession of burglar's tools.

Appellant's application for a writ of habeas corpus was denied by the United States District Court for the Northern District of New York. He appeals...

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