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UNITED STATES EX REL. FLAMMIA v. TERNULLO

No. 76 Civ. 1632-CSH.

423 F.Supp. 685 (1976)

UNITED STATES of America ex rel. Paul FLAMMIA — N.Y.S.-E.H. 345, Petitioner, v. Mr. Vito TERNULLO, Superintendent, Fishkill Correctional Facility, Respondent.

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

November 10, 1976.

Attorney(s) appearing for the Case

Paul Flammia, pro se.

Louis J. Lefkowitz, Atty. Gen., New York City, by Asst. Atty. Gen. David L. Birch, Brooklyn, N. Y., of counsel, for respondent.

MEMORANDUM AND ORDER

HAIGHT, District Judge.

The Petitioner, by application for writ of habeas corpus, seeks reversal of his conviction upon four felony counts imposed following a trial before Judge Lipitz in Suffolk County Court. Petitioner was sentenced to a prison term of one to seven years. It is Petitioner's contention that he was denied numerous Constitutional rights because he was not given a state hearing on the question of his competency to stand...

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