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UNITED STATES EX REL. CALLAHAN v. FOLLETTE

No. 644, Docket 33527.

418 F.2d 903 (1969)

UNITED STATES of America ex rel. William Joseph CALLAHAN, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 28, 1969.

Attorney(s) appearing for the Case

Irving B. Singer, Brooklyn, N. Y., for petitioner-appellant.

Joel Lewittes, 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 respondent-appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, dated February 7, 1968, denying appellant's application for a writ of habeas corpus. Affirmed.

Appellant was convicted, upon his plea of guilty, of the crime of assault, second degree, in the County Court, Suffolk County, New York, and was sentenced on January 15, 1965, to two and one...

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