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UNITED STATES EX REL. HARDY v. McMANN

No. 68 Civ. 2595.

292 F.Supp. 191 (1968)

UNITED STATES of America ex rel. Joseph D. HARDY, Petitioner, v. Hon. Daniel McMANN, Warden, Auburn Prison, Auburn, N. Y., Respondent.

United States District Court S. D. New York.

November 1, 1968.

Attorney(s) appearing for the Case

Joseph D. Hardy, petitioner pro se.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, for respondent, B. Anthony Morosco, Asst. Dist. Atty., of counsel.

OPINION

MacMAHON, District Judge.

Petitioner Joseph D. Hardy, presently confined in Auburn State Prison, Auburn, New York, was convicted by a jury of murder in the second degree and burglary in the third degree. The County Court of Westchester County, on June 2, 1965, imposed concurrent sentences of twenty years to life and five to seven years, respectively. The conviction was affirmed by the Appellate Division and the New York Court of Appeals.

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