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UNITED STATES EX REL. CERULLO v. FOLLETTE

66 Civ. 4107.

294 F.Supp. 1283 (1968)

UNITED STATES of America ex rel. Vincent CERULLO, Petitioner, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Respondent.

United States District Court S. D. New York.

December 30, 1968.

Attorney(s) appearing for the Case

J. Kenneth O'Connor, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, and William Cahn, Dist. Atty. of Nassau County, by Jules E. Orenstein, Asst. Dist. Atty., Nassau County, for respondent.

OPINION

TYLER, District Judge.

For the previous history of this protracted litigation, see, most recently, United States ex rel. Cerullo v. Follette, 393 F.2d 879 (2d Cir. 1968); People v. Cerullo, 18 N.Y.2d 839, 275 N.Y.S.2d 845, 222 N.E.2d 605 (1966) and cases therein cited.

After the mandate came down following the above-mentioned decision of the Court of Appeals for this circuit...

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