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UNITED STATES EX REL. NELSON v. ZELKER

No. 70-Civ. 5596.

335 F.Supp. 85 (1971)

UNITED STATES of America ex rel. Robert Paul NELSON, Petitioner, v. John L. ZELKER, Warden, Greenhaven State Prison, Stormville, New York, Respondent.

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

November 23, 1971.

Attorney(s) appearing for the Case

M. Warren Browne, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent by Mortimer Sattler, New York City, of counsel.

MEMORANDUM

CROAKE, District Judge.

This is a petition for a writ of habeas corpus brought under 28 U.S.C. § 2254, seeking relief from the use of an allegedly unconstitutional conviction for sentencing purposes in a later case. The subsequent conviction is not itself challenged.

Petitioner is presently in respondent's custody in the state prison at Stormville, New York, pursuant to a conviction of the crime of manslaughter in the first degree...

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