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MOSHER v. LaVALLEE

No. 71 Civ. 707.

446 F.Supp. 64 (1978)

Robert Steven MOSHER, Petitioner, v. J. Edwin LaVALLEE, Superintendent Clinton Correctional Facility, Dannemora, New York, Respondent.

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

January 31, 1978.

Attorney(s) appearing for the Case

Robert Steven Mosher, pro se.

Louis J. Lefkowitz, Atty. Gen. for the State of New York, Albany, N. Y.; Robert S. Hammer, Asst. Atty. Gen., New York City, for respondent.

MEMORANDUM AND ORDER

FREDERICK van PELT BRYAN, Senior District Judge:

On July 9, 1964, petitioner Mosher was sentenced by the County Court of Westchester County as a second felony offender to a term of 40-60 years on a plea of guilty to armed robbery in the first degree. The other three charges made in the indictment were withdrawn.

In 1972, Mosher, after exhausting his state remedies, including a coram nobis proceeding, brought a petition for habeas...

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