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UNITED STATES EX REL. PRESENZANO v. DEEGAN

No. 68 Civil 4995.

294 F.Supp. 1347 (1969)

The UNITED STATES of America, on the petition of Joseph Aronstein, ex rel. Angelo PRESENZANO, Relator, v. John T. DEEGAN, Warden of Sing Sing State Prison, Ossining, New York, Respondent.

United States District Court S. D. New York.

January 10, 1969.

Attorney(s) appearing for the Case

Henry K. Chapman, New York City, for relator; Joseph Aronstein, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Samuel A. Hirshowitz, First Asst. Atty. Gen., Murray Sylvester, Joel H. Sachs, Asst. Attys. Gen., of counsel.

EDWARD WEINFELD, District Judge.

Petitioner seeks a writ of habeas corpus on behalf of relator, who is currently serving a three to five year sentence at the Sing Sing State Prison following his conviction, after trial by jury, upon a charge of possessing a loaded pistol in violation of section 1897 (2) of the New York Penal Law.1 Petitioner argues that the state trial court was without jurisdiction...

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