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BROWN v. WILMOT

No. 701, Docket 77-2144.

572 F.2d 404 (1978)

Kendall BROWN, Petitioner-Appellant, v. John WILMOT, Superintendent of Elmira Correction Center, and Louis J. Lefkowitz, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 15, 1978.

Attorney(s) appearing for the Case

Richard J. Klein, New York City, for petitioner-appellant.

David L. Birch, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Clement H. Berne, Deputy Asst. Atty. Gen., New York City, of counsel), for respondents-appellees.

Before ANDERSON, FEINBERG and TIMBERS, Circuit Judges.

PER CURIAM:

Kendall Brown, a prisoner in state custody, appeals from an order of Judge Werker in the United States District Court for the Southern District of New York, denying his petition for a writ of habeas corpus.1 Appellant was sentenced to an indeterminate prison term not to exceed seven years after his conviction for first degree robbery in the Supreme Court of New York, Bronx County....

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