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UNITED STATES EX REL. RUTHERFORD v. DEEGAN

No. 68 C 710.

288 F.Supp. 165 (1968)

UNITED STATES of America ex rel. Percy RUTHERFORD, Petitioner, v. John T. DEEGAN, Warden of Sing Sing Prison, Respondent.

United States District Court E. D. New York.

August 22, 1968.

Attorney(s) appearing for the Case

James J. McDonough, Legal Aid Society of Nassau County, Mineola, for petitioner; by Matthew Muraskin, Mineola, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for respondent; by Hillel Hoffman, Asst. Atty. Gen., of counsel.

MEMORANDUM AND ORDER

JUDD, District Judge.

Petitioner, Percy Rutherford, applies to this Court for the issuance of a writ of habeas corpus. He is presently serving a ten to twenty year sentence at Sing Sing Prison, Ossining, New York, after having been convicted by a jury on September 15, 1966 of the crimes of robbery in the first degree, grand larceny in the second degree, and two counts of assault in the third degree. He attacks his conviction and sentence...

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