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UNITED STATES EX REL. SANTIAGO v. VINCENT

No. 75 Civ. 3225.

423 F.Supp. 103 (1976)

UNITED STATES of America ex rel. Efrain SANTIAGO, Petitioner, v. Leon VINCENT, Superintendent of Green Haven Correctional Facility, Respondent.

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

November 30, 1976.

Attorney(s) appearing for the Case

William E. Hellerstein, William J. Gallagher, New York City, for petitioner; Barry T. Bassis, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Rhonda Amkraut Bayer, Deputy Asst. Atty. Gen., New York City, of counsel.

GAGLIARDI, District Judge.

This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted after a jury trial in New York Supreme Court, Bronx County of common law murder and possession of a weapon. On April 5, 1973, petitioner was sentenced to an indeterminate term of imprisonment of 18 years to life on the murder charge to run concurrently with a one year sentence for the weapon possession charge. The Appellate Division...

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