UNITED STATES EX REL. ABATE v. MALCOLM

No. 75 C 1087.

397 F.Supp. 715 (1975)

UNITED STATES ex rel. Nicholas ABATE, Petitioner-Relator, v. Benjamin MALCOLM, Commissioner of Corrections, and Warden, Rikers Island Prison, Respondents.

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

Supplemental Memorandum July 22, 1975.


Attorney(s) appearing for the Case

Priest & Carson, Forest Hills, N. Y., Paul G. Chevigny, New York City, for petitioner-relator.

Nicholas Ferraro, Dist. Atty., Queens County, Kew Gardens, N. Y., by Joseph DeFeliee, Asst. Dist. Atty., for respondents.


MEMORANDUM AND ORDER

PLATT, District Judge.

By an order to show cause, a petition and an affidavit verified by his attorney, petitioner-relator seeks a writ of habeas corpus releasing him on bail during the pendency of his appeal from a conviction of possession of stolen property after trial by jury on April 1, 1975, before The Honorable Albert H. Buschmann who sentenced him on May 16, 1975 to a term of one year...

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