DILLARD v. LaVALLEE

No. 1377, Docket 77-2046.

559 F.2d 873 (1977)

Taylor DILLARD, Petitioner-Appellant, v. J. Edwin LaVALLEE, Warden of the Clinton Correctional Facility, and Benjamin Ward, Commissioner of the New York State Department of Correctional Services, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 26, 1977.


Attorney(s) appearing for the Case

Michael J. Obus, Mineola, N.Y. (James J. McDonough, Legal Aid Society of Nassau County, Criminal Division, Mineola, N.Y., Matthew Muraskin, Mineola, N.Y., of counsel), for petitioner-appellant.

Anthony J. Girese, Asst. Dist. Atty., New York City (Denis Dillon, Dist. Atty., Nassau County, Mineola, N.Y., William C. Donnino, Asst. Dist. Atty., Mineola, N.Y., of counsel), for respondents-appellees.

Before LUMBARD, SMITH and OAKES, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

Taylor Dillard appeals from the dismissal of his petition for a writ of habeas corpus by the United States District Court for the Eastern District of New York, George C. Pratt, Judge. Dillard claims that his sentence as a second felony offender, pursuant to New York Penal Law § 70.06, violates the equal protection clause of the fourteenth amendment. We find no merit in this claim and affirm.

I.

In May, 1971 Dillard...

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