UNITED STATES v. LaVALLEE

No. 68 Civil 702.

284 F.Supp. 422 (1968)

UNITED STATES ex rel. James BURNEY, a/k/a James Beaurney, Petitioner, v. Hon. J. Edwin LaVALLEE, Warden, Clinton State Prison, Dannemora, New York, Respondent.

United States District Court S. D. New York.

May 14, 1968.


Attorney(s) appearing for the Case

James Burney, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent, Mortimer Sattler, Asst. Atty. Gen., of counsel.


OPINION

WEINFELD, District Judge.

Petitioner, serving a five to ten year sentence at Clinton Prison, Dannemora, New York, imposed upon his plea of guilty as a second felony offender to a reduced charge of grand larceny in the second degree (from robbery in the first degree and grand larceny in the first degree), entered in the Supreme Court, Bronx County, on October 14, 1965, seeks his release upon a writ of habeas corpus for alleged violation of his constitutional...

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