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UNITED STATES v. LaVALLEE

No. 312, Docket 31868.

391 F.2d 123 (1968)

UNITED STATES of America ex rel. James NICKENS, Petitioner-Appellee, v. J. Edwin LaVALLEE, as Warden of Auburn State Prison, Auburn, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 5, 1968.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, on the brief), for appellee.

John G. Proudfit, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, on the brief), for appellant.

Before MEDINA, MOORE and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On December 4, 1962, Nickens, the appellee, was sentenced to three to six years, following his conviction in the former Court of General Sessions, New York County, State of New York, on a charge of burglary in the third degree. He was also convicted on a charge of possessing burglar's tools for which he was given a suspended sentence. State remedies, via direct appeal and later through State habeas corpus proceedings, were exhausted. The United...

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