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TORRY v. MONTANYE

Civ-1972-407.

404 F.Supp. 1397 (1975)

Clarence X. TORRY, Petitioner, v. Ernest MONTANYE, Respondent.

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

December 12, 1975.

Attorney(s) appearing for the Case

Stephen J. Perrello, Jr., Buffalo, N.Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York (Bedros Odian, Buffalo, N. Y., of counsel), for respondent. Clarence X. Torry, presently pro se.

CURTIN, Chief Judge.

This is an application for a writ of habeas corpus. Petitioner was convicted in Niagara County Court in 1971 for selling narcotics under § 1751(1) of the former New York Penal Law. His sentence was seven to fifteen years imprisonment. The Appellate Division, Fourth Department, affirmed the conviction [People v. Torry, 39 A.D.2d 841, 333 N.Y.S.2d 749 (1972)], and leave to appeal to the Court of Appeals was denied. An earlier application...

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