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ORR v. SCHAEFFER

No. 78 Civ. 1457.

460 F.Supp. 964 (1978)

Donald F. ORR, Petitioner, v. Peter SCHAEFFER, Warden, Bronx House of Detention and Harold J. Smith, Superintendent, Attica Correctional Facility, Respondents.

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

October 23, 1978.

Attorney(s) appearing for the Case

Donald F. Orr, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of N. Y., New York City, for Respondents; Barry R. Fertel, Deputy Asst. Atty. Gen., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Donald Orr, is currently incarcerated in the Bronx House of Detention, serving consecutive sentences of ten to twenty and three and one-half to seven years, pursuant to his conviction on four counts of robbery and criminal possession of a weapon, after a jury trial in the New York County Supreme Court. Having appealed the conviction in the state court system without success,1

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