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UNITED STATES v. FOLLETTE

No. 466, Docket 30342.

395 F.2d 686 (1968)

UNITED STATES ex rel. William DeBERRY, Petitioner-Appellant, v. Hon. Harold W. FOLLETTE, as Warden of Greenhaven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 28, 1968.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, The Legal Aid Society, of counsel), for petitioner-appellant.

Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

William DeBerry was tried by a jury and convicted after a concededly fair trial in the County Court of Kings County of the crimes of first degree robbery, first degree grand larceny, and second degree assault, and was sentenced to a term of from 15 to 60 years as a second felony offender.1 Having exhausted available state remedies,2 DeBerry, now in Green Haven Prison, applied...

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