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UNITED STATES EX REL. HORELICK v. CRIMINAL CT. OF N. Y.

No. 35, Docket 74-1183.

507 F.2d 37 (1974)

UNITED STATES ex rel. James HORELICK, Petitioner-Appellee, v. The CRIMINAL COURT OF the CITY OF NEW YORK et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 5, 1974.

Attorney(s) appearing for the Case

Margery Evans Reifler, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondents-appellants.

Paul Chevigny, New York Civ. Liberties Union, New York City (Alan H. Levine, New York City, of counsel), for petitioner-appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal is by the State of New York from a grant of habeas corpus relief from convictions on two counts of criminal trespass under the old N.Y. Penal Law § 140.10 (McKinney's Consol. Laws, c. 40, 1967);1 the court below denied relief for a conviction on one count of resisting arrest under N.Y. Penal Law § 205.30 (McKinney 1967) which is not appealed. Appellee was sentenced on June 18, 1970, by the Criminal...

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