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UNITED STATES EX REL. MANISCALCO v. LaVALLEE

No. 85, Docket 33368.

417 F.2d 1056 (1969)

UNITED STATES of America ex rel. Joseph MANISCALCO, Relator-Appellant, v. J. Edwin LaVALLEE, Warden, Clinton Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 21, 1969.

Attorney(s) appearing for the Case

John F. Lang, New York City (William H. Frappollo, New York City, on the brief), for relator-appellant.

Lillian Z. Cohen, Asst. Atty. Gen., for State of New York (Louis J. Lefkowitz, Atty. Gen., for State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Brenda Soloff, Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

The United States District Court for the Northern District of New York dismissed the application for release on writ of habeas corpus of Joseph Maniscalco, a New York state prisoner, and Maniscalco appeals. We find no error and affirm the dismissal of the application.

Petitioner was convicted November 14, 1966 in a New York County Court for attempted burglary and possession of burglar's tools. He was sentenced to imprisonment for 2 years and 2...

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