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UNITED STATES EX REL. CHENNAULT v. SMITH

No. 71 C 1588.

366 F.Supp. 717 (1973)

UNITED STATES of America ex rel. Oscar Lee CHENNAULT, Petitioner, v. Harold J. SMITH, Warden, Attica Correctional Facility, et al., Respondents.

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

October 25, 1973.

Attorney(s) appearing for the Case

Oscar Lee Chennault, pro se.

Louis J. Lefkowitz, Atty. Gen. of N. Y. by Robert S. Hammer, Asst.Atty. Gen., New York City, for respondents.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Petitioner Oscar Lee Chennault, presently incarcerated in the Attica Correctional Facility, applies for a writ of habeas corpus claiming that his conviction of grand larceny first degree after a jury trial in the New York Supreme Court, Queens County, on April 9, 1964 is constitutionally invalid. He was sentenced to imprisonment for five to ten years which he has begun serving after recently completing an apparently...

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