UNITED STATES EX REL. SOSTRE v. FESTA

Civ. No. 1972-237.

373 F.Supp. 133 (1974)

UNITED STATES of America ex rel. Martin SOSTRE, Petitioner, v. Frank M. FESTA, Superintendent of Erie County Jail, and Robert J. Henderson, Superintendent of Auburn Correctional Facility, Respondents.

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

March 15, 1974.


Attorney(s) appearing for the Case

New York Civil Liberties Union (Paul G. Chevigny, New York City, Herman Schwartz and Edward I. Koren, Buffalo, N.Y. of counsel), National Conference of Black Lawyers (W. Haywood Burns, New York City, of counsel), Lynn, J. Walker, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of N. Y. (Douglas S. Cream, Asst. Atty. Gen., Buffalo, N.Y., of counsel), for respondent Robert J. Henderson.


CURTIN, District Judge.

This is an application for a writ of habeas corpus by state prisoner Martin Sostre, who was convicted on March 18, 1968 of possession of a dangerous drug, sale of a dangerous drug, and second degree assault in Erie County Court before County Court Judge Frederick M. Marshall. He was sentenced for the sale of the drug to an indeterminate term of not less than twenty-five (25) years or more than thirty (30) years, for assault in the second degree...

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