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UNITED STATES EX REL. GERALDS v. DEEGAN

No. 67 Civ. 3198.

292 F.Supp. 968 (1968)

UNITED STATES of America ex rel. Melvin GERALDS, Petitioner, v. John T. DEEGAN, Warden, Sing Sing Prison, Ossining, New York, Respondent.

United States District Court S. D. New York.

November 12, 1968.

Attorney(s) appearing for the Case

Melvin Geralds, pro se.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, Albany, N. Y., for respondent; Michael H. Rauch, Asst. Atty. Gen., New York City, of counsel.

OPINION

MacMAHON, District Judge.

Petitioner, presently confined at Sing Sing Prison, moves for a writ of habeas corpus under 28 U.S.C. § 2254, attacking collaterally a conviction for robbery, grand larceny and assault and the sentence imposed upon him by the Nassau County Court on May 7, 1965 after a jury trial. Allegedly, the conviction was obtained in violation of petitioner's constitutional rights under the fifth, sixth and fourteenth amendments...

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