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UNITED STATES v. DEEGAN

No. 68 Civ. 814.

284 F.Supp. 166 (1968)

UNITED STATES of America ex rel. James McDONALD, Petitioner, v. Hon. John T. DEEGAN, as Warden, Sing Sing Prison, Ossining, New York, Respondent.

United States District Court S. D. New York.

May 6, 1968.

Attorney(s) appearing for the Case

James McDonald, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Joel Lewittes, Asst. Atty. Gen., of counsel.

OPINION

WEINFELD, District Judge.

The petitioner is presently confined to Sing Sing pursuant to a judgment of conviction entered on January 11, 1966, in the Supreme Court, Kings County, after a trial by jury, of the crimes of burglary in the third degree and grand larceny in the second degree. He was sentenced to terms of two and a half to five years on each count to run concurrently. On appeal the Appellate Division modified the judgment of conviction by...

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