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UNITED STATES EX REL. COLE v. FOLLETTE

No. 69 Civ. 637.

301 F.Supp. 1137 (1969)

UNITED STATES of America ex rel. Frank COLE, Petitioner, v. H. W. FOLLETTE, Warden of Greenhaven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

June 17, 1969.

Attorney(s) appearing for the Case

Michael O. Finkelstein, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Charles A. La Torella, Jr., Asst. Atty. Gen., of counsel.

OPINION

FRANKEL, District Judge.

On November 2, 1956, a Westchester County grand jury indicted petitioner on charges of attempted sodomy, assault and criminal sexual practices upon an eleven-year-old boy. The crimes were alleged to have been committed on September 1, 1956. In November of 1965, nine years after the indictment, petitioner's case came on for trial. During more than seven of those intervening years he had been confined in Matteawan State Hospital...

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