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UNITED STATES EX REL. WEEMS v. FOLLETTE

No. 352, Docket 32938.

414 F.2d 417 (1969)

UNITED STATES of America ex rel. Walter WEEMS, Jr., Relator-Appellant, v. H. W. FOLLETTE, Warden of Green Haven State Prison, Stormville, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 28, 1969.

Attorney(s) appearing for the Case

Louis L. Hoynes, Jr., New York City, for relator-appellant.

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Stephen Seligman, Deputy Asst. Atty. Gen., on the brief), for respondent-appellee.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.

FEINBERG, Circuit Judge:

In 1963, appellant Walter Weems, Jr. was convicted in the New York State Supreme Court, Kings County, on three counts of first degree robbery and was sentenced to concurrent sentences of ten to thirty years on each count. The conviction was upheld by the Appellate Division, People v. Weems, 23 A.D.2d 701, 258 N.Y.S.2d 231 (2d Dept. 1965), and the Court of Appeals, 17 N.Y.2d 598

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