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LEE v. HENDERSON

Civ. No. 1971-417.

342 F.Supp. 561 (1972)

DeWitt R. LEE, Petitioner, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Auburn, New York, Respondent.

United States District Court, W. D. New York.

May 8, 1972.

Attorney(s) appearing for the Case

James C. Heaney, Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., of New York (Richard R. Jenczka, Buffalo, N. Y., of counsel), for respondent.

CURTIN, District Judge.

Petitioner has applied for a writ of habeas corpus. In accordance with an order of the court dated September 16, 1971, respondent has produced the entire record in petitioner's case.

On February 18, 1959 petitioner and two codefendants, Henry Flakes and Walter T. Green, were found guilty of murder in the first degree by a jury in Erie County Court. On March 9, 1959 petitioner was sentenced...

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