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U. S. EX REL. BILLUPS v. MONTANYE

No. 73 Civ. 2975-LFM.

367 F.Supp. 543 (1973)

U. S. ex rel. William BILLUPS, Petitioner, v. Ernest L. MONTANYE, Superintendent, Attica Correctional Facility, Attica, New York, Respondent.

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

December 6, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for respondent; Constance B. Margolin, Deputy Asst. Atty. Gen., of counsel.

OPINION

MacMAHON, District Judge.

Petitioner William Billups, confined in Attica Correctional Facility, Attica, New York, collaterally challenges, pro se, under 28 U.S.C. § 2254, a conviction and a sentence of thirty to forty years imposed by the Supreme Court, New York County, on June 17, 1968, following a jury trial.

Petitioner was convicted of robbery in the first degree, grand larceny in the first degree, assault in the second degree, possession...

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