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UNITED STATES EX REL. SPERO v. McKENDRICK

No. 439, Docket 31605.

409 F.2d 181 (1969)

UNITED STATES of America ex rel. Ralph SPERO, Petitioner-Appellant, v. Hon. Charles McKENDRICK (Successor to Hon. Walter M. Wallack), Warden of Wallkill Prison, Wallkill, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 15, 1969.

Attorney(s) appearing for the Case

Sam Polur, New York City, for petitioner-appellant.

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

Before MOORE and FEINBERG, Circuit Judges, and McLEAN, District Judge.

McLEAN, District Judge:

In March 1961 petitioner Ralph Spero and Salvatore Scarpa were convicted in the County Court of Kings County of robbery in the first degree, grand larceny in the first degree, assault in the second degree, and kidnapping. All these crimes were committed in the course of a hijacking of a truck in Brooklyn on September 30, 1959. Spero was sentenced to a term of ten to twenty years on the robbery conviction. Sentence on the other counts was suspended...

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