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UNITED STATES EX REL. ALOI v. ARNOLD

No. 76 Civ. 423.

413 F.Supp. 1384 (1976)

UNITED STATES of America ex rel. Vincent ALOI, Petitioner, v. Floyd E. ARNOLD, Warden of the Federal Penitentiary at Lewisburg, as Agent for the New York State Department of Correctional Services and Benjamin Ward, Commissioner of the New York State Department of Correctional Services, Respondents.

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

June 7, 1976.

Attorney(s) appearing for the Case

La Rossa, Shargel & Fischetti, New York City, for petitioner; Gerald L. Shargel, New York City, of counsel.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent Ward; Peter L. Zimroth, Henry J. Steinglass, Asst. Dist. Attys., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, convicted of the crime of perjury in the Supreme Court of the State of New York, seeks to void his conviction under a writ of habeas corpus1 for alleged violation of his federally protected rights against self-incrimination and to due process of law under the Fifth and Fourteenth Amendments.

He is presently confined in the federal penitentiary at Lewisburg, Pennsylvania...

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