MICELLI v. LeFEVRE

No. 77 Civ. 1232 (HFW).

444 F.Supp. 1187 (1978)

Frank MICELLI, Plaintiff, v. Eugene S. LeFEVRE, Supt. of Clinton Correctional Facility, Defendant.

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

January 25, 1978.


Attorney(s) appearing for the Case

Frank Micelli, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Emanuel M. Kay, Asst. Atty. Gen., New York City, of counsel.


MEMORANDUM DECISION

WERKER, District Judge.

This is a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 (1970) by Frank Micelli, an inmate at the Clinton Correctional Facility in Dannemora, New York, who is presently serving a term of imprisonment imposed following entry of a plea of guilty. Micelli raises two contentions in his petition. He argues, first, that the sentencing judge exceeded the bounds of due process by taking...

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