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VICTORY v. BOMBARD

No. 76 Civ. 3493.

432 F.Supp. 1240 (1977)

Albert VICTORY, Petitioner, v. Roy BOMBARD, as Superintendent of Greenhaven Correctional Facility, Respondent.

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

May 31, 1977.

Attorney(s) appearing for the Case

William E. Hellerstein, The Legal Aid Society, New York City, for petitioner; Henry Winestine, New York City, of counsel.

Robert M. Morgenthau, Dist. Atty., New York City, for respondent; Henry J. Steinglass, New York City, of counsel.

ROBERT J. WARD, District Judge.

Albert Victory ("Victory"), a state prisoner, petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons hereinafter stated, the writ is granted.

On May 26, 1970, a jury in Supreme Court, New York County, the Honorable Irwin D. Davidson presiding, convicted Victory of felony murder. Petitioner was sentenced to twenty-five-years-to-life with a recommendation of no parole during the first...

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