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UNITED STATES v. MURPHY

Civ. No. 9360.

219 F.Supp. 596 (1963)

UNITED STATES of America ex rel. Clarence DUGGER, Relator, v. Hon. Robert E. MURPHY, as Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

July 25, 1963.

Attorney(s) appearing for the Case

J. Michael Hippick, Albany, N. Y., for relator.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., for respondent; Joseph J. Rose, Asst. Atty. Gen., of counsel.

JAMES T. FOLEY, Chief Judge.

The petitioner is one of the many New York prisoners who file directly in this District Court the challenge to out-state convictions used to sentence in New York as multiple offender. (United States ex rel. LaNear v. LaVallee, 2 Cir., 306 F.2d 417). He was sentenced on February 2, 1962 to a term of a minimum of fifteen years to natural life as a fourth offender in the Court of General Sessions, New York...

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