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UNITED STATES v. LaVALLEE

Civ. No. 9657.

275 F.Supp. 91 (1966)

UNITED STATES of America ex rel. James P. CARAFAS, Petitioner, v. Hon. J. Edin LaVALLEE, Warden of Auburn Prison, Auburn, New York (Successor to Hon. Robert E. Murphy), Respondent.

United States District Court N. D. New York.

May 2, 1966.

Attorney(s) appearing for the Case

James P. Carafas, in pro. per., Lawrence W. McKeown, Mineola, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, Albany, N. Y., for respondent; Barry Mahoney, Asst. Atty. Gen., New York City, Joseph R. Castellani, Asst. Atty. Gen., Albany, N. Y., of counsel.

JAMES T. FOLEY, Chief Judge.

Memorandum—Decision and Order

This petitioner and his wife, the latter not a party in this habeas corpus proceeding, were convicted after trial by jury verdict in Nassau County, New York, in November of 1960, of the crimes of Burglary third degree and Grand Larceny second degree. In November 1960, the wife was sentenced to concurrent terms of 1½-5 years, and on December 13, 1960 petitioner was sentenced to concurrent...

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