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UNITED STATES EX REL. DUKES v. WALLACK

No. 647, Docket 32132.

414 F.2d 246 (1969)

UNITED STATES of America ex rel. George DUKES, Appellant, v. Walter M. WALLACK, Warden, Walkill State Prison, Walkill, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided July 25, 1969.

Attorney(s) appearing for the Case

Charles A. Stillman, New York City (Botein, Hays, Sklar & Herzberg, New York City,), for appellant.

Hillel Hoffman, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, on the brief), for appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

MOORE, Circuit Judge:

Appellant George Dukes and two co-defendants were convicted on May 3, 1965 of robbery in the first degree (two counts), assault in the second degree (one count), and grand larceny in the first degree (one count) by the County Court of Monroe County (Ogden, Judge), after a trial by jury. On May 18 appellant was sentenced to concurrent terms of 10 to 20 years on the robbery counts and to lesser concurrent terms on the other counts. The conviction...

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