JIMENEZ v. MARTINIS

No. 77 Civ. 4241.

444 F.Supp. 457 (1978)

Antonio JIMENEZ, Plaintiff, v. Hon. Justice MARTINIS, J., the Supreme Court of the State of New York, Hon. Robert M. Morgenthau, the People of the State of New York, Defendants.

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

January 13, 1978.


Attorney(s) appearing for the Case

Antonio Jimenez, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants; Robert A. Forte, Asst. Atty. Gen., New York City, of counsel.


OPINION

WHITMAN KNAPP, District Judge.

The pro se petitioner in this case pleaded guilty in state court to a charge of attempted robbery and was sentenced on that charge to a term of 5 to 10 years. His co-defendant, who unlike petitioner had agreed to plead guilty at the outset of plea negotiations, was sentenced to a term of 4 to 8 years for the same offense. Contending that the sentence imposed upon him violates the Equal Protection clause and was...

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