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UNITED STATES v. FAY

65 Civ. 3601.

252 F.Supp. 568 (1966)

UNITED STATES ex rel. Charles HIGGINS, Petitioner, v. Edward FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

March 28, 1966.

Attorney(s) appearing for the Case

Anthony F. Marra, and John C. Danforth, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, by Joel Lewittes, Asst. Atty. Gen., for respondent.

TYLER, District Judge.

This is an application for a writ of habeas corpus made by Charles Higgins ("petitioner") pursuant to 28 U.S.C. § 2241. Higgins is presently confined in Green Haven Prison, Stormville, New York serving a sentence of from ten to fifteen years. The sentence was imposed upon petitioner as a second felony offender by the Supreme Court of New York, Kings County (Liebowitz, J.) on April 25, 1963 after conviction by a jury of attempted robbery...

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