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

No. 71 Civ. 2738 (JMC).

385 F.Supp. 165 (1974)

UNITED STATES of America ex rel. Stephen RADICH, Petitioner-Relator, v. The CRIMINAL COURT OF the CITY OF NEW YORK et al., Respondents.

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

November 7, 1974.

Attorney(s) appearing for the Case

Richard G. Green, New York City (Shirley Fingerhood, Adria S. Hillman, Burt Neuborne and Melvin L. Wulf, New York City, of counsel), for petitioner.

Louis J. Lefkowitz, Atty. Gen. of State of N. Y. (Maria L. Marcus, Asst. Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondents.

OPINION

CANNELLA, District Judge.

The writ of habeas corpus is granted.

On May 5, 1967, the petitioner, Stephen Radich, was convicted in the Criminal Court of the City of New York of casting contempt on the American flag in violation of then § 1425 (16) (d) of the New York Penal Law, now recodified as § 136(d), of the McKinney's Consol. Laws, c. 20, New York General Business Law.1 People v. Radich,

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