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UNITED STATES EX REL. BERKOWITZ v. DEEGAN

No. 70 Civ. 2716.

323 F.Supp. 951 (1970)

UNITED STATES ex rel. Jerry BERKOWITZ, Relator-Petitioner, v. John T. DEEGAN, Warden of Auburn State Prison, Auburn, New York, Defendant-Respondent.

United States District Court, S. D. New York.

August 27, 1970.

Attorney(s) appearing for the Case

Jerry Berkowitz, pro se.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendant-respondent; Burton Herman, Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner is presently confined at Auburn State Prison, New York serving a sentence not to exceed five years imposed in October, 1968 following his conviction for burglary, second degree, after a trial to a jury in the Supreme Court, State of New York, County of New York. The conviction was affirmed without opinion on direct appeal and leave to appeal to the Court of Appeals was denied.1

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