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LOPEZ v. CURRY

No. 78 Civ. 653.

454 F.Supp. 1200 (1978)

Frank A. LOPEZ, as next of friend, attorney for and in behalf of Carmen GARCIA, Petitioner, v. Phyllis CURRY, Correctional Superintendent, Bedford Hills Correctional Facility, Bedford Hills, New York, or anyone having custody and/or control of Carmen Garcia, Respondent.

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

June 26, 1978.

Attorney(s) appearing for the Case

Frank A. Lopez, New York City, for petitioner.

Louis Lefkowitz, Atty. Gen., New York City by Mark C. Rutzick, Asst. Atty. Gen., for respondent.

MEMORANDUM DECISION

STEWART, District Judge:

This petition for a writ of habeas corpus is brought by Frank A. Lopez as attorney and next friend of Carmen Garcia, a state prisoner presently serving a term of fifteen years to life and a concurrent term of three years after being convicted of criminal possession of a dangerous drug in the first and fourth degrees (simple possession and possession with intent to sell)1 after a joint...

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