UNITED STATES EX REL. WILLIAMS v. PREISER

No. 356, Docket 73-1935.

497 F.2d 337 (1974)

UNITED STATES ex rel. Dr. Jesse WILLIAMS, II, Petitioner-Appellee, v. Peter PREISER, Commissioner of the Department of Correctional Services of the State of New York, et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 9, 1974.


Attorney(s) appearing for the Case

Arlene R. Silverman, Asst. Atty. Gen., of N. Y. (Louis J. Lefkowitz, Atty. Gen., of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondents-appellants.

Cyril C. Means, Jr., New York City, for petitioner-appellee.

Before KAUFMAN, Chief Judge and SMITH and ANDERSON, Circuit Judges.


ROBERT P. ANDERSON, Circuit Judge:

On October 24, 1966, Dr. Jesse Williams, II, a licensed physician, was convicted by a jury for manslaughter in the first degree under former New York Penal Law § 10501 McKinney's Consol. Laws, c. 40, for the death of Miss Sara Carr following an abortion he performed upon her at his office. He was sentenced to 5 to 10 years imprisonment, and was released on parole in 1972.

At the time of the...

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