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UNITED STATES EX REL. MURO v. LA VALLEE

No. 69 Civ. 3441.

304 F.Supp. 859 (1969)

UNITED STATES of America ex rel. Mateo Roberto MURO, Petitioner, v. Warden J. Edwin LA VALLEE, Clinton Prison, Dannemora, New York, Respondent.

United States District Court S. D. New York.

October 14, 1969.

Attorney(s) appearing for the Case

Mateo Roberto Muro, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Robert S. Hammer, Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving a sentence of from three to five years at Clinton Prison, Dannemora, New York, under a judgment of conviction upon his plea of guilty to attempted assault, second degree, entered in the Supreme Court, New York County, on April 28, 1967, seeks his release upon a federal writ of habeas corpus. Petitioner was sentenced as a second felony offender and attacks his two prior convictions as constitutionally...

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