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UNITED STATES EX REL. HUERTES v. LaVALLEE

No. 75 Civ. 4078.

422 F.Supp. 91 (1976)

UNITED STATES of America ex rel. Jesus HUERTES, Petitioner, v. J. E. LaVALLEE, Superintendent, Clinton Correctional Facility, Dannemora, New York, Respondent.

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

June 3, 1976.

Attorney(s) appearing for the Case

Jesus Huertes, pro se.

Louis J. Lefkowitz, Atty. Gen. of N.Y., New York City, for respondent by Joan P. Scannell, Asst. Atty. Gen., New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Jesus Huertes petitions this Court for a writ of habeas corpus, 28 U.S.C. § 2254. On January 5, 1972, petitioner was convicted of unlawful possession of dangerous drugs in the first degree (cocaine), N.Y. Penal Law § 220.20 (McKinney's 1967). He was sentenced to a term of fifteen years to life. The conviction was affirmed by the Appellate Division, First Department, and by the Court of Appeals...

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