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UNITED STATES v. STATE OF NEW YORK

No. 21-746/1939.

268 F.Supp. 880 (1967)

UNITED STATES of America ex rel. Theophilus WARD (#28799), Petitioner, v. STATE OF NEW YORK, Agent, Daniel McMann, Warden, Respondent.

United States District Court E. D. New York.

June 6, 1967.

Attorney(s) appearing for the Case

Theophilus Ward, pro se.

MEMORANDUM and ORDER

BARTELS, District Judge.

This is an application for a writ of habeas corpus, pursuant to 28 U.S.C.A. § 2254, by a petitioner who is now incarcerated in the Clinton State Prison, Dannemora, New York as a result of a conviction for first degree robbery. He was sentenced on June 12, 1939 to a term of 10 to 30 years plus an additional term of 5 to 10 years pursuant to Sections 2125 and 1944 of the New York Penal Law, McKinneys' Consol...

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