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UNITED STATES EX REL. ROYSTER v. McMANN

No. 68 C 552.

292 F.Supp. 116 (1968)

UNITED STATES of America ex rel. James ROYSTER, Petitioner, v. Daniel McMANN, Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court E. D. New York.

October 7, 1968.

Attorney(s) appearing for the Case

James J. McDonough, Atty. in Charge, Legal Aid Society of Nassau County, N. Y., Crim. Div., Mineola, N. Y., for defendant, Harry Peltz, Jr., Mineola, N.Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent, Michael Colodner, New York City, of counsel.

MEMORANDUM

WEINSTEIN, District Judge.

Petitioner, James Royster, was found guilty by a jury of first degree grand larceny and third degree burglary in County Court, Nassau County, on March 31, 1966. Sentenced to consecutive terms of from five to ten years imprisonment, his conviction was affirmed by the Appellate Division, Second Department (27 A.D.2d 801, 279 N.Y.S.2d 343 (1st Dep't 1967)), and leave to appeal to the Court of Appeals was denied.

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