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UNITED STATES EX REL. ANOLIK v. COM'R OF COR., N. Y.

No. 75 Civ. 1254.

393 F.Supp. 48 (1975)

UNITED STATES of America ex rel. Irving ANOLIK, on behalf of Sheldon Selikoff, Petitioner-Relator, v. COMMISSIONER OF CORRECTION OF the STATE OF NEW YORK, Respondent.

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

April 21, 1975.

Attorney(s) appearing for the Case

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

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Burton Herman, Asst. Atty. Gen., of counsel.

OPINION

BONSAL, District Judge.

Petitioner, Sheldon Selikoff, presently in a New York correctional institution, seeks a writ of habeas corpus pursuant to Section 2254 of Title 28 of the United States Code on the ground that the trial judge refused to fulfill his "unconditional promise," made to petitioner on the record at the time petitioner pled guilty, that no incarceration would be imposed.

Facts

On May 12, 1972, four days after...

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