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UNITED STATES v. DROS

No. 66 Civ. 2809.

260 F.Supp. 13 (1966)

UNITED STATES of America ex rel. John LUSTERINO, Petitioner, v. Hon. Edwin DROS, Warden of Manhattan House of Detention for Men, New York City, New York, Respondent.

United States District Court S. D. New York.

Supplemental Memorandum and Order November 21, 1966.

Attorney(s) appearing for the Case

John Lusterino, pro se, H. Richard Schumacher, New York City, assigned counsel, for petitioner.

J. Lee Rankin, Corp. Counsel of City of New York, Frank S. Hogan, Dist. Atty., Irwin Rochman, Asst. Dist. Atty., New York County, of counsel, for respondent.

MEMORANDUM

FRANKEL, District Judge.

Petitioner was indicted in the Spring of 1955 for robbery in the first degree. His first trial ended when the jury was unable to reach a verdict. A second jury found him guilty on May 23, 1957, and he was sentenced to a prison term of from 10 to 15 years. The Appellate Division affirmed on October 21, 1958. People v. Lusterino, 6 A.D.2d 1037, 178 N.Y.S.2d 1008 (1st Dep't). On June 19...

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