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HOORNWEG v. SMITH

No. CIV-78-443.

504 F.Supp. 1189 (1981)

Henry G. HOORNWEG, Petitioner, v. Harold J. SMITH, Superintendent, Respondent.

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

January 9, 1981.

Attorney(s) appearing for the Case

Paul M. Michalek, Lackawanna, N. Y., for petitioner.

Kenneth E. Graber, Asst. Atty. Gen., State of N. Y., Buffalo, N. Y., for respondent.

ELFVIN, District Judge.

Petitioner, currently incarcerated at Attica (N.Y.) Correctional Facility, seeks his release upon a federal writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following a plea of guilty to rape in the first degree before Judge George F. Roberts of the New York Supreme Court, County of New York, he was sentenced to an indeterminate prison term of five to fifteen years.

Petitioner asserts as the sole ground for relief

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