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MIZELL v. ATTORNEY GENERAL OF STATE OF N. Y.

No. 76 C 2161.

442 F.Supp. 868 (1977)

James MIZELL, Petitioner, v. The ATTORNEY GENERAL OF the STATE OF NEW YORK and the Warden, Brooklyn House of Detention, Respondents.

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

December 29, 1977.

Attorney(s) appearing for the Case

James Mizell, pro se.

Louis J. Lefkowitz, Atty. Gen., New York City (Robert S. Hammer and John M. Farrar, New York City, of counsel), for respondents.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Petitioner, convicted on September 10, 1971 in New York Supreme Court, Kings County, of robbery, petty larceny, assault, and possession of a dangerous weapon, has applied for a writ of habeas corpus, alleging that his conviction violated the double jeopardy clause of the Fifth Amendment, applicable "to the States through the Fourteenth Amendment." Benton v. Maryland, 395 U.S. 784

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