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DENTI v. COMMISSIONER OF CORRECTIONAL SERVICES

No. 75 Civ. 5213.

421 F.Supp. 557 (1976)

Joseph DENTI, Petitioner, v. COMMISSIONER OF CORRECTIONAL SERVICES OF the STATE OF NEW YORK, Respondent.

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

October 26, 1976.

Attorney(s) appearing for the Case

Irving Anolik, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent; Joan P. Scannell, Deputy Asst. Atty. Gen., of counsel.

MEMORANDUM

LASKER, District Judge.

Petitioner, Joseph Denti, is currently serving an indeterminate prison term of three years for a New York State gambling violation. He seeks a writ of habeas corpus, challenging his conviction on the grounds that 1) it was based on evidence seized in violation of the Fourth Amendment; 2) the trial court's instructions to the jury were so erroneous as to deny due process; and 3) scienter was established by virtue...

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