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TERRACIANO v. MONTANYE

No. Civil 1972-498.

360 F.Supp. 1377 (1973)

Salvatore TERRACIANO, Petitioner, v. Ernest MONTANYE Superintendent Attica Correctional Facility and Carl F. Draxler, Sheriff of Chemung County, Respondents.

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

July 23, 1973.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Michael J. Brown, Buffalo, N. Y., of counsel), for petitioner.

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

John F. O'Mara, Dist. Atty. of Chemung County (Ransom P. Reynolds, Jr., Elmira, N. Y., of counsel), for respondent Draxler.

CURTIN, District Judge.

This case involves a petition for a writ of habeas corpus filed by a state defendant who stands convicted, but who has not yet begun to serve his sentence because he was released by this court on bail pending determination of the petition. Petitioner Salvatore Terraciano was convicted upon his entry of a plea of guilty of the crimes of criminal possession of a dangerous drug, second degree, and criminally selling a dangerous drug, second degree...

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