UNITED STATES EX REL. MOYA v. ZELKER

No. 71 Civ. 1430.

329 F.Supp. 120 (1971)

UNITED STATES of America ex rel. Chico MOYA, Petitioner, v. John L. ZELKER, Superintendent of Green Haven Correctional Facility, Stormville, New York, Respondent.

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

July 16, 1971.


Attorney(s) appearing for the Case

Chico Moya, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, for respondent, Arlene R. Silverman, Asst. Atty. Gen., of counsel.


OPINION

FRANKEL, District Judge.

Petitioner is serving a term of ten to twelve years imposed in January of 1963 for the crime of armed robbery in the first degree. His conviction was unanimously affirmed by the Appellate Division, 23 A.D.2d 720, 257 N.Y.S.2d 907 (1965), and Judge Fuld denied leave to appeal to the State Court of Appeals. His main basis for claiming a right to release on federal habeas is the contention that a woman's stocking, knotted and...

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