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UNITED STATES EX REL. ROSS v. LaVALLEE

No. 1014, Docket 71-1346.

448 F.2d 552 (1971)

UNITED STATES ex rel. Samuel ROSS, Petitioner-Appellant, v. J. Edwin LaVALLEE, Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 3, 1971.

Attorney(s) appearing for the Case

Robert L. King, Debevoise, Plimpton, Lyons & Gates, New York City, for petitioner-appellant.

Benton J. Levy, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before SMITH and HAYS, Circuit Judges, and POLLACK, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Petitioner appeals the denial of his petition for a writ of habeas corpus by the United States District Court for the Northern District of New York, James T. Foley, Chief Judge. We find no error and affirm the judgment.

Petitioner was convicted in the State Supreme Court, New York County, in 1964 after a joint trial of selling narcotic drugs. He was sentenced to a term of imprisonment of from five to eight years. The judgment...

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