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UNITED STATES EX REL. MAHONEY v. LaVALLEE

No. 430 Docket 31358.

396 F.2d 887 (1968)

UNITED STATES of America ex rel. Edward F. MAHONEY, Appellant, v. J. E. LaVALLEE, as Warden of Auburn State Prison, Auburn, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided June 21, 1968.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Brenda Soloff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Michael Colodner, Deputy Asst. Atty. Gen., of counsel), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge.

Edward F. Mahoney was convicted in the New York State Courts in 1961 of robbery in the first degree and is currently serving a sentence of from 10 to 12 years' imprisonment. After unsuccessful appeals in the State Courts, he sought a writ of habeas corpus from the United States District Court for the Northern District of New York, which denied his application without a hearing.1 From that denial he appeals...

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