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PULVER v. CUNNINGHAM

No. 618, Docket 76-2133.

562 F.2d 198 (1977)

Thomas PULVER, Petitioner-Appellant, v. John CUNNINGHAM, Warden, New York City Correctional Institution for Men, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 16, 1977.

Attorney(s) appearing for the Case

Lawrence W. Kessler, Hofstra Law School, Hempstead, N. Y., for petitioner-appellant.

David L. Birch, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before MULLIGAN and OAKES, Circuit Judges, and BRYAN, District Judge.

MULLIGAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Robert J. Ward, denying appellant's petition for a writ of habeas corpus. On May 19, 1971, appellant was convicted of possession of stolen property in the second degree in the Supreme Court of the State of New York, New York County. The judgment of conviction was affirmed without opinion by the Appellate Division on September 25...

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