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SHARGEL v. FENTON

No. 78 Civ. 1218 (GLG).

459 F.Supp. 700 (1978)

Gerald L. SHARGEL, Attorney in behalf of Vincent Aloi, Petitioner, v. Charles E. FENTON, Warden of the Federal Penitentiary at Lewisburg, as Agent for the State of New York and Louis J. Lefkowitz, Attorney General of the State of New York, Respondents.

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

As Amended October 31, 1978.

Attorney(s) appearing for the Case

Fischetti & Shargel, New York City, for petitioner by Gerald L. Shargel, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., New York City, for defendant Fenton by Thomas E. Moseley, Asst. U. S. Atty., New York City.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for defendant Lefkowitz, New York City by Robert M. Pitler, Henry J. Steinglass, Asst. Dist. Attys., New York City, of counsel.

OPINION

GOETTEL, District Judge:

In this habeas corpus action under 28 U.S.C. § 2241, petitioner Aloi1 seeks to vacate his New York State perjury conviction and the accompanying detainer now lodged against him. Petitioner alleges that his conviction violated both his Fifth Amendment right against self incrimination and his right to due process of law under the Fourteenth Amendment to the United States Constitution.

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