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UNITED STATES EX REL. FRASIER v. HENDERSON

No. 796, Docket 72-1110.

464 F.2d 260 (1972)

UNITED STATES of America ex rel. Mark FRASIER, Petitioner-Appellant, v. R. J. HENDERSON, Superintendent of Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 17, 1972.

Attorney(s) appearing for the Case

Richard G. Ashworth, New York City, for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y.; Samuel A. Hirshowitz, First Asst. Atty. Gen.; Stanley L. Kantor, Deputy Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LEVENTHAL, FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

Appellant Mark Frasier, presently incarcerated in Auburn Correctional Facility, New York, appeals from the dismissal of his petition for a writ of habeas corpus by Judge Charles L. Brieant, Jr., of the United States District Court for the Southern District of New York. In July 1967, appellant was tried in the Supreme Court, New York County, before Justice Francis T. Murphy, Jr., and a jury; appellant was convicted on four counts of robbery...

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