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UNITED STATES EX REL. SELIKOFF v. COM. OF CORR.

No. 218, Docket 75-2085.

524 F.2d 650 (1975)

UNITED STATES of America ex rel. Sheldon SELIKOFF, Petitioner-Appellee, v. COMMISSIONER OF CORRECTION OF the STATE OF NEW YORK, Respondent-Appellant, and The People of the State of New York, Intervenor.

United States Court of Appeals, Second Circuit.

Decided October 21, 1975.

Attorney(s) appearing for the Case

Irving Anolik, New York City, for petitioner-appellee.

Arlene R. Silverman, Asst. Atty. Gen., New York (Louis J. Lefkowitz, Atty. Gen., New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Burton Herman, Asst. Atty. Gen., on the brief), for respondent-appellant.

Janet Cunard Brown, Asst. Dist. Atty., Westchester County (Carl A. Vergari, Dist. Atty., Westchester County, White Plains, N. Y., on the brief), for intervenor.

Before SMITH, HAYS and MESKILL, Circuit Judges.

HAYS, Circuit Judge:

The Commissioner of Correction of the State of New York, respondent, and the State of New York, intervenor, appeal from an order of the United States District Court for the Southern District of New York granting defendant Sheldon Selikoff's petition for a writ of habeas corpus. We reverse the order of the district court.

Selikoff was indicted in New York under four separate multicount indictments. Under three indictments Selikoff was charged...

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