WILSON v. FOGG

No. 291, Docket 77-2089.

571 F.2d 91 (1978)

Joseph WILSON, Petitioner-Appellant, v. Walter FOGG, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 19, 1978.


Attorney(s) appearing for the Case

Amanda Potterfield, New York City (Prisoners' Legal Services of New York, New York City, Pierce Gerety, Jr., on the brief), for petitioner-appellant.

David L. Birch, Asst. Atty. Gen., State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before LUMBARD, MULLIGAN and TIMBERS, Circuit Judges.


MULLIGAN, Circuit Judge:

The appellant, Joseph Wilson, was convicted of burglary and robbery after a jury trial in Supreme Court, New York County, before the Hon. Morris Spector, in December 1972. He was given an indeterminate sentence with concurrent terms of five to fifteen years for burglary and two and one third to seven years for robbery. Appellant is presently incarcerated in the Green Haven Correctional Facility where he is serving these sentences. Wilson's...

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