FAMBO v. SMITH

No. Civ-76-4.

433 F.Supp. 590 (1977)

Leonard FAMBO, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

June 23, 1977.


Attorney(s) appearing for the Case

Philip B. Abramowitz, Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of N. Y. (James L. Kennedy, Buffalo, N. Y., of counsel), for respondent.


CURTIN, Chief Judge.

Petitioner Leonard Fambo has applied to this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was indicted, along with two others, in the Onondaga County Court in April 1971, for two violations of former § 265.05(7) of the New York Penal Law. Former § 265.05(7) (now recodified as § 265.04) provided that "any person who has in his possession any explosive substance with intent to use the same unlawfully...

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