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UNITED STATES EX REL. PORTELLI v. LaVALLEE

No. 287, Docket 72-1801.

469 F.2d 1239 (1972)

UNITED STATES of America ex rel. Anthony PORTELLI, Petitioner-Appellant, v. J. Edwin LaVALLEE, as Superintendent of Clinton Correctional Facility, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Robert S. Hammer, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Michael A. Feit, Albany, N. Y., for petitioner-appellant.

Before MOORE, HAYS and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

Petitioner-appellant, Anthony Portelli, appeals from an order of the district court dismissing his petition for a writ of habeas corpus.

In 1963 Portelli was convicted with a co-defendant in the New York Supreme Court, Kings County, of murdering two New York police detectives who surprised the defendants while in the act of committing an armed robbery. Portelli's death sentence was commuted to life imprisonment. The conviction was affirmed...

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