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UNITED STATES EX REL. McGILL v. SCHUBIN

No. 711, Docket 72-2302.

475 F.2d 1257 (1973)

UNITED STATES of America ex rel. Joe McGILL, Petitioner-Appellant, v. Theodore SCHUBIN, Warden, Ossining Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 2, 1973.

Attorney(s) appearing for the Case

Robert A. Stolzberg, The Legal Aid Society, Prisoners' Rights Project, New York City (William E. Hellerstein, New York City, on the brief), for petitioner-appellant.

Stephen P. Seligman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY, Chief Judge, LUMBARD, Circuit Judge, and THOMSEN, District Judge.

PER CURIAM:

Joe McGill appeals from an order of the Southern District denying his petition for habeas corpus. On June 18, 1969, in the Supreme Court of New York County, appellant was convicted of the crime of criminal possession of a dangerous weapon and was sentenced to a four-year indeterminate term. After serving two years and eight months of his sentence, he was released from confinement on a conditional release, pursuant to New York Penal Law § 70.40.

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