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UNITED STATES EX REL. COFFEY v. FOLLETTE

No. 69 Civ. 1671.

310 F.Supp. 946 (1969)

UNITED STATES of America ex rel. Joseph D. COFFEY, Petitioner, v. Harold M. FOLLETTE, Warden, Green Haven Prison, Respondent.

United States District Court, S. D. New York.

June 19, 1969.

Attorney(s) appearing for the Case

Joseph D. Coffey, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of N.Y., for respondent.

MEMORANDUM

FRANKEL, District Judge.

On December 9, 1960, petitioner was sentenced as a second offender to a term of not less than six nor more than ten years on a third degree burglary charge. On direct appeal, the Appellate Division affirmed, 13 A.D.2d 410, 217 N.Y.S.2d 176 (1st Dep't 1961), and the Court of Appeals withheld determination of the appeal while petitioner was permitted to assert a claim under Mapp v. Ohio...

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