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UNITED STATES EX REL. NELSON v. ZELKER

No. 845, Docket 72-1036.

465 F.2d 1121 (1972)

UNITED STATES of America ex rel. Alvin NELSON, Petitioner-Appellant, v. John L. ZELKER, Superintendent of Green Haven Correctional Facility, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 22, 1972.

Certiorari Denied December 4, 1972.

Attorney(s) appearing for the Case

Donald L. Zoeller, New York City (John L. Altieri, Jr., New York City, of counsel), for petitioner-appellant.

Brenda Soloff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Stanley L. Kantor, Deputy Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FEINBERG, MULLIGAN and OAKES, Circuit Judges.

Certiorari Denied December 4, 1972. See 93 S.Ct. 544.

MULLIGAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Charles Metzner, entered on June 21, 1971 dismissing appellant's petition for a writ of habeas corpus. On January 12, 1972, this court issued a certificate of probable cause.

On March 20, 1964, appellant and his co-defendant...

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