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UNITED STATES EX REL. VALENTINE v. ZELKER

No. 70 Civ. 3617.

322 F.Supp. 440 (1971)

UNITED STATES of America ex rel. Samuel VALENTINE, Petitioner, v. Hon. John L. ZELKER, Warden, Green Haven Prison, Stormville, New York, Respondent.

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

January 27, 1971.

Attorney(s) appearing for the Case

Samuel Valentine, pro se.

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

OPINION

FRANKEL, District Judge.

On the night of October 13, 1965, shortly after 8:30 p. m., a sixteen-year-old girl was watching television while she served as a baby sitter in a home in New Castle, New York. Sensing the presence of someone behind her, she turned and saw a man standing in the room holding a rag in his hand. The room was amply lighted, and she saw him face-to-face for a period of a half minute...

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