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McINTYRE v. STATE OF NEW YORK

Nos. 71-C-368, 71-C-440.

329 F.Supp. 9 (1971)

John A. McINTYRE, Petitioner, v. The STATE OF NEW YORK, Respondent.

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

June 23, 1971.

Attorney(s) appearing for the Case

John A. McIntyre, petitioner, pro se.

Eugene Gold, Dist. Atty., Kings County, for respondent Frank Di Lalla, Asst. Dist. Atty., of counsel.

BARTELS, District Judge.

Petitioner, John A. McIntyre, presently incarcerated in the Brooklyn House of Detention, seeks his release through federal habeas corpus. On March 24, 1969, the Appellate Division, Second Department, set aside McIntyre's convictions for the crimes of robbery in the first degree and felony murder upon the ground that there existed the possibility that race prejudice precluded him from receiving a fair trial. People v. McIntyre,

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