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UNITED STATES v. LAVALLEE

Civ. No. 8126.

185 F.Supp. 682 (1960)

UNITED STATES ex rel. John BARTOLILLO, Petitioner, v. J. E. LAVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court N. D. New York.

August 2, 1960.

Attorney(s) appearing for the Case

John Bartolillo, petitioner pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., Raymond B. Madden, Asst. Atty. Gen., Troy, N. Y., of counsel, for the United States.

Edward S. Silver, Dist. Atty., Kings County, Brooklyn, N. Y., William I. Siegel, Asst. Dist. Atty., Brooklyn, N. Y., of counsel, for respondent.

JAMES T. FOLEY, District Judge.

The petitioner was convicted after trial by jury before Judge Leibowitz of Grand Larceny First Degree, in Kings County Court in 1957. He was sentenced as a second felony offender to serve not less than six years, and no more than ten years. He appealed the conviction to the Appellate Division, Second Department and that Court assigned Attorney Samuel Bader to prosecute such appeal, and authorized the appeal to be heard on the original...

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