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UNITED STATES v. MURPHY

Civ. No. 7280.

184 F.Supp. 384 (1959)

UNITED STATES of America ex rel. Gerard DENNIS, Petitioner, v. Robert E. MURPHY, Warden of Auburn State Prison, Respondent.

United States District Court N. D. New York.

October 23, 1959.

Attorney(s) appearing for the Case

Irving Birnbaum, Syracuse, N. Y. (assigned), for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York (Raymond B. Madden, Asst. Atty. Gen., of counsel), for respondent.

BRENNAN, Chief Judge.

The petitioner is a state court prisoner presently confined under seven concurrent sentences of from eighteen years to life, imposed by a state court in Westchester County on July 7, 1949. In accordance with the provisions of Section 1943 of the Penal Law of the State of New York, McKinney's Consol.Laws, c. 40, an information was filed indicating fourteen previous convictions of the petitioner in...

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