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UNITED STATES v. McKENDRICK

No. 66 Civ. 3033.

266 F.Supp. 718 (1967)

UNITED STATES of America ex rel. Ralph SPERO, Petitioner, v. Hon. Charles McKENDRICK (Successor to Hon. Walter M. Wallack), Warden of Wallkill Prison, Wallkill, New York, Respondent.

United States District Court S. D. New York.

March 28, 1967.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, Legal Aid Society, by Joshua N. Koplovitz, and Malvine Nathanson, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, by Barry Mahoney and Amy Juviler, Asst. Attys. Gen., for respondent.

OPINION

TYLER, District Judge.

Ralph Spero and Salvatore Scarpa were convicted in the Kings County Court in March, 1961 of the crimes of robbery in the first degree, grand larceny in the first degree, assault in the second degree and kidnapping. Spero was sentenced on June 12, 1961 to a term of 10 to 20 years on the robbery conviction. Sentences on the other counts were suspended. He now petitions this court for a writ of habeas corpus,

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