UNITED STATES EX REL. STEVENSON v. MANCUSI

Nos. 402, 403, Dockets 32702, 32745.

409 F.2d 801 (1969)

UNITED STATES of America ex rel. Roosevelt STEVENSON, Petitioner-Appellee, v. Vincent R. MANCUSI, Warden, Attica State Prison, Attica, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 25, 1969.


Attorney(s) appearing for the Case

Brenda Soloff, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellant.

Ronald S. Rauchberg, New York City, for petitioner-appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and McLEAN, District Judge.


McLEAN, District Judge:

In February 1963 relator was convicted of the crime of burglary in the second degree after a jury trial in the County Court of Erie County. His conviction was affirmed. He was originally sentenced as a fifth felony offender but subsequently the County Court, after a hearing in February 1965, resentenced him as a fourth felony offender. He was given a sentence of fifteen years to life. The resentence...

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