UNITED STATES EX REL. SABELLA v. FOLLETTE

No. 764, Docket 34492.

432 F.2d 572 (1970)

UNITED STATES of America ex rel. Dominick SABELLA, Petitioner-Appellant, v. Hon. H. W. FOLLETTE, Warden of Green Haven Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1970.


Attorney(s) appearing for the Case

Meredith M. Brown, New York City, for relator-appellant.

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

Before LUMBARD, Chief Judge, WATERMAN, Circuit Judge, and JAMESON, District Judge.


LUMBARD, Chief Judge:

Dominick Sabella appeals from the denial of his petition for a writ of habeas corpus by the Southern District of New York.

Sabella was separately tried and convicted in Suffolk County on two indictments, one for robbery and the other for issuing a fraudulent check and for grand larceny. He was sentenced to from 15 to 30 years imprisonment for the robbery, and from 2½ to 5 years for the fraudulent check offense. Sabella

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