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UNITED STATES EX REL. LLOYD v. LA VALLEE

No. 69 Civ. 3621.

304 F.Supp. 957 (1969)

UNITED STATES of America ex rel. Arthur LLOYD, Petitioner, v. E. J. LA VALLEE, Warden, Clinton Prison, New York, Respondent.

United States District Court S. D. New York.

October 20, 1969.

Attorney(s) appearing for the Case

Arthur Lloyd pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; John G. Proudfit, Asst. Atty. Gen., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The petitioner, confined to Clinton Prison, Dannemora, New York, seeks his release upon a writ of habeas corpus, contending that the judgment of conviction pursuant to which he is confined is void. Petitioner was indicted for manslaughter in the first degree and was permitted to plead guilty to assault in the second degree in the Supreme Court, New York County. He contends that since the indictment did not contain...

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