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UNITED STATES EX REL. SOSTRE v. FESTA

No. 283, Docket 74-1520.

513 F.2d 1313 (1975)

UNITED STATES of America ex rel. Martin SOSTRE, Petitioner-Appellant, v. Frank M. FESTA, Superintendent of Erie County Jail, and Robert J. Henderson, Superintendent of Auburn Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 31, 1975.

Attorney(s) appearing for the Case

Paul G. Chevigny, New York City (New York Civ. Liberties Union, New York City, Herman Schwartz, Edward Koren, SUNY, Amherst, N. Y., on the brief), for petitioner-appellant.

Arlene R. Silverman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondents-appellees.

Before FEINBERG and MULLIGAN, Circuit Judges, and BRYAN, District Judge.

MULLIGAN, Circuit Judge:

Petitioner appeals from the denial of a writ of habeas corpus by the Hon. John T. Curtin, whose opinion, which fully sets out the facts, is reported in 373 F.Supp. 133 (W.D.N.Y.1974). We affirm.

I.

a) The Trial

Petitioner Sostre was convicted in a New York State court on March 18, 1968 of possession of a dangerous drug (heroin) and the sale of a dangerous drug, as well as second...

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