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HOLLIS v. SMITH

No. 258, Docket 77-2057.

571 F.2d 685 (1978)

David HOLLIS, Petitioner-Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 3, 1978.

On Rehearing February 17, 1978.

Attorney(s) appearing for the Case

Howard B. Comet, Mineola, N.Y. (James J. McDonough and Michael J. Obus, Mineola, N.Y., of counsel), for petitioner-appellant.

Mark C. Rutzick, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., State of N.Y., and Samuel A. Hirshowitz, First. Asst. Atty. Gen., State of N.Y., New York City, of counsel), for respondent-appellee.

Before MOORE, FRIENDLY and TIMBERS, Circuit Judges.

FRIENDLY, Circuit Judge:

This well briefed and well argued habeas appeal raises some difficult questions of the constitutionality of the procedures accorded petitioner David Hollis with respect to his indeterminate sentence of one day to life under a New York statute, former New York Penal Law § 243, now repealed, which permitted such a sentence for sex offenders.

Hollis was indicted in Nassau County, N.Y., in August, 1964 in a three-count indictment...

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