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APPLICATION OF McINTOSH

No. 79 Civ. 5975 (MEL).

491 F.Supp. 534 (1980)

In the Matter of the Application of Donald McINTOSH for a Writ of Habeas Corpus.

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

June 16, 1980.

Attorney(s) appearing for the Case

Salaway & Schreiber, Kew Gardens, N. Y., for defendant-petitioner; Gary Schoer, Kew Gardens, N. Y., of counsel.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N. Y., for respondent; Janet Cunard, Asst. Dist. Atty., White Plains, N. Y., of counsel.

LASKER, District Judge.

Donald McIntosh petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, on the grounds that he was incarcerated in violation of his due process rights.

At approximately 2:00 A.M. on July 16, 1977, three men armed with two revolvers and a shotgun entered a social club in White Plains, New York, and removed jewelry and personal property from the fifteen to thirty individuals there. About an hour and a half later, after...

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