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UNITED STATES v. FAY

240 F.Supp. 591 (1965)

UNITED STATES of America ex rel. Phillip EIDENMULLER, Relator, v. Hon. Edward M. FAY, as Warden, Green Haven State Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

April 13, 1965.

Attorney(s) appearing for the Case

Phillip Eidenmuller, pro se.

Louis J. Lefkowitz, Atty. Gen., of New York, for respondent. Lillian Z. Cohen, Deputy Asst. Atty. Gen., of counsel.

WYATT, District Judge.

This petitioner for a writ of habeas corpus (28 U.S.C. § 2241), Phillip Eidenmuller, is in the custody of the penal authorities of New York serving at Green Haven Prison, Stormville, Dutchess County, New York, a sentence imposed on him on October 6, 1961, by the former Queens County Court after conviction by a jury of robbery (first degree), grand larceny (first degree), and assault (second degree). Petitioner was sentenced as a second...

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