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UNITED STATES EX REL. BURNEY v. FOLLETTE

No. 70 Civ. 282.

309 F.Supp. 1380 (1970)

UNITED STATES of America ex rel. James BURNEY, Petitioner, v. Hon. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent.

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

March 3, 1970.

Attorney(s) appearing for the Case

James Burney, pro se, petitioner.

Louis J. Lefkowitz, Atty. Gen., of New York, New York City, for respondent, Mortimer Sattler, Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is the second application for a federal writ of habeas corpus to effect the release of the petitioner, a state prisoner, serving a five to ten year sentence as a second felony offender imposed under a judgment of conviction entered upon his plea of guilty to robbery in the second degree.

In this application he relies upon the contentions advanced in the briefs submitted by his counsel to the Appellate...

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