UNITED STATES EX REL. BUTLER v. SCHUBIN

No. 73 Civ. 4215.

376 F.Supp. 1241 (1974)

UNITED STATES of America ex rel. Peter BUTLER, Relator, v. Theodore SCHUBIN, Superintendent, Ossining Correctional Facility, Ossining, New York, Respondent.

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

April 24, 1974.


Attorney(s) appearing for the Case

Peter Butler pro se.

Frank S. Hogan, Dist. Atty., New York County, New York City, for respondent; Robert A. Goldschlag, Asst. Dist. Atty., of counsel.


OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Peter Butler, presently serving a life sentence at the Ossining Correctional Facility, Ossining, New York, imposed on June 15, 1967, pursuant to a judgment of conviction for the crime of murder in the first degree, following a jury trial in the Supreme Court, New York County, seeks his release upon a writ of habeas corpus. He alleges his federally protected constitutional rights to due process of law under...

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