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FIELDING v. LeFEVRE

Nos. 462, 463, Dockets 76-2089, 76-2094.

548 F.2d 1102 (1977)

Brian S. FIELDING, Petitioner-Appellant-Appellee, v. Eugene LeFEVRE, Superintendent of Green Haven Correctional Facility, et al., Respondents-Appellees-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 19, 1977.

Attorney(s) appearing for the Case

Jay H. Topkis, New York City (Jack C. Auspitz, Jay L. Himes, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for petitioner-appellant-appellee.

Janet Cunard, Asst. Dist. Atty., White Plains, N. Y. (Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N. Y., of counsel), Louis J. Lefkowitz, Atty. Gen., Samuel A Hirshowitz, First Asst. Atty. Gen., Ralph Lewis McMurry, Asst. Atty. Gen., New York City, for respondents-appellees-appellants.

Before MANSFIELD, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Brian Fielding, the petitioner in this case, was convicted in the County Court of Westchester County, New York, of seven counts of sodomy in the second degree, N.Y.Penal L. § 130.45 (McKinney 1976), six counts of sexual abuse in the second degree, N.Y.Penal L. § 130.60 (McKinney 1976) and one count of endangering the welfare of a child, N.Y. Penal L. § 260.10 (McKinney 1976). Two consecutive indeterminate sentences of up to seven...

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