UNITED STATES EX REL. JOHNSON v. VINCENT

No. 73 Civ. 664.

370 F.Supp. 379 (1974)

UNITED STATES of America ex rel. Larry JOHNSON, Petitioner, v. Leon J. VINCENT, Superintendent of Green Haven Correctional Facility, Stormville, New York, Respondent.

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

January 30, 1974.


Attorney(s) appearing for the Case

John J. Tigue, Jr., New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., State of New York (Constance B. Margolin, Deputy Asst. Atty. Gen., of counsel), for respondent.


OPINION

BAUMAN, District Judge.

Larry Johnson, currently confined in the Green Haven Correctional Facility, petitions this court for a writ of habeas corpus. On January 23, 1970, he was sentenced by Justice Charles G. Tierney of the Supreme Court, Bronx County, to a term of fifteen years to life after a jury trial in which he was convicted, along with one Boyce Thompson, of murder. His motion for a new trial based on newly discovered evidence was denied...

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