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UNITED STATES EX REL. TOLAND v. PHIMISTER

No. 68 Civ. 4379.

296 F.Supp. 1027 (1969)

UNITED STATES of America ex rel. James TOLAND, Jr., Petitioner, v. William PHIMISTER, Warden of the County Jail of Westchester County, Valhalla, New York, Respondent.

United States District Court S. D. New York.

February 27, 1969.

Attorney(s) appearing for the Case

James Toland, Jr., pro se.

Louis J. Lefkowitz, Atty. Gen., of State of New York, New York City, for respondent; Hillel Hoffman, Asst. Atty. Gen., of counsel.

EDWARD WEINFELD, District Judge.

Petitioner, currently confined to a New York State institution upon one charge, and against whom a detainer warrant has been filed on another for parole violation, seeks by way of a federal writ of habeas corpus to vacate the judgment of conviction underlying the detainer. The challenged judgment was entered in 1956 in the Schenectady County Court upon his plea of guilty to the crimes of grand larceny in the first degree and burglary...

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