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UNITED STATES EX REL. KLEIN v. DEEGAN

No. 68 Civ. 2459.

290 F.Supp. 66 (1968)

UNITED STATES of America ex rel. Julius F. KLEIN, Relator, v. John T. DEEGAN, as Warden of Sing Sing Prison, State of New York, Respondent.

United States District Court S. D. New York.

July 16, 1968.

Attorney(s) appearing for the Case

Robert M. Pitler and John Kuttas, New York City, for relator.

Louis J. Lefkowitz, Atty. Gen., of State of New York, for respondent (Michael H. Rauch, New York City, of counsel).

MEMORANDUM

THOMAS F. MURPHY, District Judge.

Petitioner is presently incarcerated in state prison as a result of his conviction of larceny in the first degree on March 11, 1968, in the New York State Supreme Court, New York County. Pursuant to sections 552 and 555 of the New York Code of Criminal Procedure, he was denied bail pending appeal. He now seeks federal habeas corpus relief on the grounds that this denial was in violation of the Eighth and Fourteenth...

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