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UNITED STATES EX REL. BURNS v. LaVALLEE

No. 238, Docket 34246.

436 F.2d 1352 (1970)

UNITED STATES of America ex rel. Louis Henry BURNS, Relator-Appellant, v. J. Edwin LaVALLEE, Warden, Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 21, 1970.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., New York City, for relator-appellant.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent-appellee.

Before KAUFMAN, HAYS and GIBBONS, Circuit Judges.

GIBBONS, Circuit Judge:

Appellant was convicted by a jury of second degree murder in the County Court of Sullivan County on January 26, 1966. On March 8, 1966 he was sentenced to twenty years to life imprisonment, and he is still in custody. On direct appeal his conviction was affirmed by the Appellate Division, 27 A.D.2d 861, 277 N.Y.S.2d 530, 531 (3rd Dep't 1967). The Court of Appeals of the State of New York affirmed without...

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