UNITED STATES EX REL. CARTER v. MANCUSI

No. 71 Civ. 2560-LFM.

342 F.Supp. 1356 (1971)

UNITED STATES of America ex rel. James CARTER, Relator, v. Honorable Vincent R. MANCUSI, as Warden of Attica State Prison, Attica, New York, Respondent.

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

November 5, 1971.


Attorney(s) appearing for the Case

Robert Kasanof, New York City, for relator.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for respondent; Carol Berkman, Asst. Atty. Gen., of counsel.


MEMORANDUM

MacMAHON, District Judge.

Petitioner, James Carter, confined in Attica Correctional Facility, Attica, New York, collaterally challenges under 28 U.S.C. § 2254 a conviction for rape in the first degree and an indeterminate sentence of twenty-five years imposed by the Supreme Court, Bronx County, on September 19, 1969, sitting without a jury. Petitioner's conviction was affirmed by the Appellate Division, First Department, on June 4, 1970 and...

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