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UNITED STATES EX REL. WILLIAMS v. PREISER

No. 69 Civ. 5548.

360 F.Supp. 667 (1973)

UNITED STATES ex rel. Dr. Jesse WILLIAMS II, Petitioner-Relator, v. Peter PREISER, Commissioner of the Department of Correctional Services of the State of New York, and Paul J. Regan, Chairman of the Board of Parole of the State of New York (as successors in the imposition of restraint upon the liberty of Petitioner, of (1) H. W. Follette, Warden, Green Haven Prison, Stormville, New York, (2) John L. Zelker, Superintendent, Green Haven Correctional Facility, Stormville, New York, and (3) Leon J. Vincent, Superintendent, Green Haven Correctional Facility, Stormville, New York), Respondents.

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

June 20, 1973.

Attorney(s) appearing for the Case

Cyril C. Means, Jr., New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., by Arlene R. Silverman, Asst. Atty. Gen., New York City, for State of New York.

MEMORANDUM

STEWART, District Judge:

Petitioner was convicted in 1966 of violating the abortion-manslaughter section of former New York Penal Law § 1050 after an abortion performed upon Sara Carr at her request and within the first trimester of her pregnancy caused her death.

Petitioner was sentenced to a term of "not less than 5 nor more than 10 years" to be served in State's prison, and his license to practice medicine was revoked.

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