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UNITED STATES EX REL. CURTIS v. WARDEN OF GREEN HAVEN PRIS.

No. 673, Docket 71-1768.

463 F.2d 84 (1972)

UNITED STATES of America ex rel. Clyde CURTIS, Petitioner-Appellant, v. WARDEN OF GREEN HAVEN PRISON, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 21, 1972.

Attorney(s) appearing for the Case

Eugene A. Wolkoff, New York City (Gary B. Wolff, New York City, of counsel), for petitioner-appellant.

Lillian Z. Cohen, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FRIENDLY, Chief Judge, and SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Clyde Curtis, convicted in 1969 after trial to a jury in County Court, Suffolk County, New York, of the crime of possession and sale of a dangerous drug, and presently serving an indeterminate sentence to a maximum of fifteen years at Green Haven Prison, sought his release by petition for a writ of habeas corpus in the United States District Court for the Eastern District of New York. From the denial of his petition on July 13, 1971...

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