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BERGMAN v. LEFKOWITZ

No. 450, Docket 77-2123.

569 F.2d 705 (1977)

Bernard BERGMAN, Petitioner-Appellant, v. Honorable Louis J. LEFKOWITZ, New York State Attorney General, and the Justices of the Supreme Court of the State of New York, sitting in New York County, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 19, 1977.

Rehearing and Rehearing Denied February 1, 1978.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Mass. (Litman, Friedman & Kaufman, Lewis R. Friedman, Jack T. Litman and Herman Kaufman, New York City, of counsel), for petitioner-appellant.

Arthur G. Weinstein, Sp. Asst. Atty. Gen., New York City (Charles J. Hynes, Deputy Atty. Gen., State of New York, Edward J. Kuriansky and Alain M. Bourgeois, Sp. Asst. Attys. Gen., State of New York, New York City, of counsel), for respondents-appellees.

Before FRIENDLY, HAYS and MANSFIELD, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 1, 1978.

FRIENDLY, Circuit Judge:

Bernard Bergman, who had been a prominent figure in the New York nursing home industry, petitioned the District Court for the Southern District of New York for habeas corpus relief from a sentence of one year's imprisonment, consecutive to a previous four months' federal sentence, imposed by a New York state judge on a plea of guilty to making unlawful payments to a state legislator...

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