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UNITED STATES EX REL. Di GIANGIEMO v. VINCENT

No. 204, Docket 73-2021.

489 F.2d 1370 (1974)

UNITED STATES of America ex rel. Leo Di GIANGIEMO, Petitioner-Appellant, v. Leon J. VINCENT, Superintendent Green Haven Correctional Facility, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 9, 1974.

Attorney(s) appearing for the Case

Theodore Ruthizer (James J. McDonough, Atty. in Charge, Legal Aid Society of Nassau County), Mineola, N. Y., for petitioner-appellant.

Burton Herman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y.), New York City, for respondent.

Before WATERMAN and FEINBERG, Circuit Judges, and GURFEIN, District Judge.

GURFEIN, District Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York (Mishler, J.), dismissing a petition for a writ of habeas corpus. The District Court granted a certificate of probable cause.

On June 2, 1967, appellant Leo Di Giangiemo was sentenced by Judge Kelly in the Nassau County Court, as a second offender, to imprisonment for 10 to 20 years to be served concurrently, upon conviction by...

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