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UNITED STATES EX REL. HAYDEN v. ZELKER

No. 146, Docket 74-1485.

506 F.2d 1228 (1974)

UNITED STATES of America ex rel. Larry David HAYDEN, Petitioner-Appellant, v. John R. ZELKER, Warden of Green Haven State Correctional Facility, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 14, 1974.

Attorney(s) appearing for the Case

Michael H. Rauch, New York City (Melvin Weinberg; Fried, Frank, Harris, Shriver & Jacobson, New York City, on the brief), for petitioner-appellant.

Margery Evans Reifler, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen.; Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before DANAHER, FEINBERG and MULLIGAN, Circuit Judges.

FEINBERG, Circuit Judge:

Larry David Hayden appeals from denial of his application for a writ of habeas corpus by Judge Mark A. Costantino of the United States District Court for the Eastern District of New York. Hayden's application in the district court alleged that a sentence imposed upon him by a state court denied him the equal protection of the laws. We affirm the judgment of the district court.

Hayden was convicted in 1964 by a jury in Suffolk County...

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