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RODRIGUEZ v. BUTLER

No. 598, Docket 75-2139.

536 F.2d 982 (1976)

Orlando RODRIGUEZ, Petitioner-Appellee, v. Harold BUTLER, Superintendent, Wallkill Correctional Facility, Wallkill, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 16, 1976.

Attorney(s) appearing for the Case

Jesse Berman, New York City, for petitioner-appellee.

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellant.

Before HAYS, TIMBERS and GURFEIN, Circuit Judges.

HAYS, Circuit Judge:

Petitioner-appellee, Orlando Rodriguez, was indicted by the State of New York and convicted after trial before a jury of criminal possession of a dangerous drug (cocaine) in the first degree in violation of section 220.20 of the New York Penal Law. N.Y. Penal Law § 220.20 (McKinney 1967).1 His conviction was unanimously affirmed without opinion by the Appellate Division, Second Department, 40 A.D.2d 763, 336 N...

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