BROWN v. SMITH

No. 78 Civ. 2220.

470 F.Supp. 131 (1979)

John BROWN, Petitioner, v. Harold J. SMITH, Warden, Attica Correctional Facility, Respondent.

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

April 24, 1979.


Attorney(s) appearing for the Case

Jay Goldberg, New York City, for petitioner.

Ellen Marks, Asst. Atty. Gen., New York City, for respondent.


MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

On November 19, 1975 petitioner John Brown was convicted of assault in the first degree and sentenced to an indeterminate term of imprisonment no greater than fifteen years and no less than seven and one-half years. His conviction was unanimously affirmed by the Appellate Division, First Department, on December 15, 1977. Leave to appeal to the New York Court of Appeals was denied January 26, 1978.

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