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ROE v. PEOPLE OF STATE OF NEW YORK

Civ. No. 1971-450.

363 F.Supp. 788 (1973)

Elmer George ROE, Petitioner, v. The PEOPLE OF the STATE OF NEW YORK.

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

September 10, 1973.

Attorney(s) appearing for the Case

Henrietta M. Wolfgang, The Legal Aid Bureau of Buffalo, Inc., Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. (Bedros Odian, Buffalo, N. Y., of counsel), for respondent.

CURTIN, District Judge.

In 1969 after a trial by jury in Monroe County Court, petitioner Elmer George Roe was convicted of first degree rape and first degree assault and sentenced to concurrent terms of imprisonment of eight to twenty-five years and up to fifteen years. His conviction was affirmed by the Appellate Division, Fourth Department, 36 A.D.2d 1012, 321 N.Y.S.2d 450 (4th Dept. 1971), and leave to appeal to the Court of...

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