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UNITED STATES EX REL. CUMMINGS v. ZELKER

No. 174, Docket 71-1609.

455 F.2d 714 (1972)

UNITED STATES of America ex rel. Joseph CUMMINGS, Petitioner-Appellant, v. John L. ZELKER, Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 2, 1972.

Certiorari Denied May 15, 1972.

Attorney(s) appearing for the Case

Arthur J. Murphy, Jr., New York City, for petitioner-appellant.

Samuel A. Hirshowitz, First Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Brenda Soloff, Asst. Atty. Gen., of counsel), for respondent-appellee.

Before WATERMAN and SMITH, Circuit Judges, and ZAMPANO, District Judge.

Certiorari Denied May 15, 1972. See 92 S.Ct. 1800.

ZAMPANO, District Judge:

In 1969, petitioner Joseph Cummings was convicted in the County Court of Nassau County, New York, of burglary in the third degree, and was sentenced to a term of imprisonment for seven years. Having exhausted his state appellate remedies, the petitioner applied to the United States District Court for the Eastern District of New York, John R. Bartels, J., for habeas relief on the ground...

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