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UNITED STATES EX REL. RUSSELL v. La VALLEE

No. 70 Civ. 4490.

322 F.Supp. 579 (1971)

UNITED STATES of America ex rel. Allen RUSSELL, Petitioner, v. J. Edwin La VALLEE, Warden, Clinton Prison, Dannemora, New York, Respondent.

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

January 4, 1971.

Attorney(s) appearing for the Case

Allen Russell, pro se.

Louis J. Lefkowitz, Atty. Gen. State of N. Y., New York City, for respondent; Frank I. Strom, II, Deputy Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving a sentence of from nine to ten years at Clinton Prison, New York, pursuant to a judgment of conviction for attempted rape in the first degree, entered in the Supreme Court of the State of New York, County of New York, upon his plea of guilty, seeks his release on a writ of habeas corpus. He challenges the conviction as void for violation of his federal constitutional rights upon three grounds...

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