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UNITED STATES EX REL. CONDON v. McMANN

No. 556, Docket 31882.

417 F.2d 664 (1969)

UNITED STATES of America ex rel. Lawrence CONDON, Relator-Appellant, v. Daniel McMANN, Warden, Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 17, 1969.

Attorney(s) appearing for the Case

Gideon Cashman, New York City (Stephen F. Huff, New York City, of counsel), for appellant.

John G. Proudfit, Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Appellant, Lawrence Condon, was convicted in 1942, in County Court, Kings County, New York, on a plea of guilty to robbery in the second degree. He was sentenced by Judge Leibowitz to a 5-10 year term and was paroled after serving about four years. At the time of this conviction Condon was sixteen years of age.

In 1948 Condon was convicted in the same court on a plea of guilty to a new charge of robbery in the second degree; this crime...

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