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UNITED STATES EX REL. DI NIRO v. MANCUSI

No. 68 Civ. 4743.

298 F.Supp. 1294 (1969)

UNITED STATES of America ex rel. Joseph DI NIRO, Petitioner, v. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent.

United States District Court S. D. New York.

April 29, 1969.

Attorney(s) appearing for the Case

Joseph Di Niro, pro se.

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

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, indicted for murder in the first degree and for attempted murder in the first degree, was convicted after a trial to a jury of manslaughter in the first degree and assault in the third degree. Currently serving a ten to fifteen year sentence at Attica State Prison, he seeks his release upon a federal writ of habeas corpus. He asserts that his federal constitutional rights were violated (1) when the police...

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