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UNITED STATES EX REL. GARCIA v. FOLLETTE

No. 671, Docket 32595.

417 F.2d 709 (1969)

UNITED STATES of America ex rel. Nelson M. GARCIA, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided October 14, 1969.

Attorney(s) appearing for the Case

David Kremen, New York City (Botein, Hays, Sklar & Herzberg, Charles A. Stillman, New York City, on the brief), for petitioner-appellant.

Michael Jaffe, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee.

Before WATERMAN and HAYS, Circuit Judges, BARTELS, District Judge.

BARTELS, District Judge:

Nelson M. Garcia appeals from an order of the District Court, dated June 19, 1968, denying his application for a writ of habeas corpus. He was convicted with a co-defendant, Rudolfo Milan, in the Supreme Court, Kings County, of robbery, assault and grand larceny and on January 14, 1964, he was sentenced to a term of 10 to 20 years in a State prison on the robbery conviction, which judgment was unanimously...

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