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UNITED STATES EX REL. SMILEY v. LaVALLEE

No. 535, Docket 72-2065.

473 F.2d 682 (1973)

UNITED STATES ex rel. James SMILEY, Relator-Appellant, v. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 13, 1973.

Attorney(s) appearing for the Case

Mark A. Belnick, New York City, for relator-appellant.

Lillian Z. Cohen, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., of Counsel), for respondent-appellee.

Before FRIENDLY, Chief Judge, OAKES and TIMBERS, Circuit Judges.

PER CURIAM:

James Smiley, convicted in the Supreme Court, New York County, of first-degree robbery, second-degree assault, second-degree grand larceny, and possession of a dangerous weapon,1 and sentenced in November, 1967 to 15-25 years of imprisonment, petitioned the District Court for the Northern District of New York for a writ of habeas corpus. Judge Foley dismissed the petition for failure to exhaust state remedies, and this court...

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