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UNITED STATES EX REL. GERALDS v. DEEGAN

Nos. 67 Civ. 3198, 68 Civ. 4333 and 68 Civ. 4813.

307 F.Supp. 56 (1969)

UNITED STATES of America ex rel. Melvin GERALDS, Petitioner, v. John T. DEEGAN, Warden, Sing Sing Prison, Ossining, New York, Respondent.

United States District Court S. D. New York.

December 12, 1969.

Attorney(s) appearing for the Case

Nassau County Law Services Committee, Inc., Mineola, N. Y., for petitioner; Allen Redlich and Leonard S. Clark, Mineola, N. Y., of counsel.

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

OPINION

MacMAHON, District Judge.

Melvin Geralds petitions for three separate writs of habeas corpus, attacking two convictions for robbery, grand larceny and assault. The history of these proceedings has been somewhat confused, to say the least, but all three writs have now been consolidated and are before us for decision.

The first conviction was for the robbery of the Azzarone Construction Corporation on May 23, 1963. Petitioner was indicted,...

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