UNITED STATES v. KROSS


239 F.Supp. 118 (1965)

UNITED STATES of America ex rel. John PRIVITERA, Petitioner, v. Honorable Anna M. KROSS, Commissioner of the Department of Correction of the City of New York, and the People of the State of New York, Respondents.

United States District Court S. D. New York.

March 10, 1965.


Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner, Matthew S. Muraskin, Joshua N. Koplovitz, New York City, of counsel.

Frank S. Hogan, Dist. Atty., New York County, New York City, for respondents, Eric A. Seiff, Asst. Dist. Atty., of counsel.


WEINFELD, District Judge.

The petitioner, now imprisoned under a state court judgment of conviction for illegal possession of policy slips, seeks his release upon a Federal writ of habeas corpus. He contends that the state-imposed sentence violated his Federal rights to the equal protection of the laws under the Fourteenth Amendment, and against excessive fines under the Eighth Amendment.

Upon his conviction in...

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