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UNITED STATES EX REL. IRONS v. MONTANYE

No. 990, Docket 74-2676.

520 F.2d 646 (1975)

UNITED STATES of America ex rel. Eugene Frank IRONS, Appellant, v. Ernest L. MONTANYE, Superintendent, Attica Correctional Facility, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 7, 1975.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for appellant.

Arlene Silverman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York; Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before SMITH and OAKES, Circuit Judges, and JAMESON, District Judge.

OAKES, Circuit Judge:

This is an appeal from a denial of a writ of habeas corpus, 28 U.S.C. § 2254, by Judge Curtin of the United States District Court for the Western District of New York. Appellant, Eugene Frank Irons, currently confined to the Attica Correctional Facility, was convicted on April 6, 1966, after a jury trial in the Onondaga County Court of third degree burglary and first degree larceny from a jewelry store. He was sentenced to a term of 10 to...

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