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UNITED STATES EX REL. ROSNER v. WARDEN, N. Y. STATE PEN.

No. 71-C-567.

329 F.Supp. 673 (1971)

UNITED STATES of America ex rel. Edmund Allen ROSNER on behalf of Dominic Carbonaro, Petitioner, v. The WARDEN, NEW YORK STATE PENITENTIARY, DANNEMORA, NEW YORK, Respondent.

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

June 3, 1971.

Attorney(s) appearing for the Case

Rosner & Rosner, New York City, for petitioner by Edmund Allen Rosner, New York City.

ZAVATT, District Judge.

MEMORANDUM

This is a petition for a writ of habeas corpus submitted by a prisoner in state custody. The petitioner was convicted of murder, first degree, after a trial by jury in County Court, Nassau County, New York. The charge against him was premised on his participation in an armed robbery of a jewelry store in Manhasset, Long Island, during which the proprietor of the store was shot to death by a co-defendant. On appeal to the...

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