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UNITED STATES EX REL. BASKERVILLE v. DEEGAN

No. 811, Docket 34469.

428 F.2d 714 (1970)

UNITED STATES ex rel. Robert BASKERVILLE, Petitioner-Appellant, v. John T. DEEGAN, Warden of Auburn State Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1970.

Attorney(s) appearing for the Case

Christopher Hammond Smith, New York City, for petitioner-appellant.

Mortimer Sattler, Asst. Atty. Gen., of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before SMITH and HAYS, Circuit Judges and TENNEY, District Judge.

HAYS, Circuit Judge:

Appellant Robert Baskerville appeals from an order of the United States District Court for the Northern District of New York denying his application for a writ of habeas corpus.

I.

In 1968 appellant was convicted after a jury trial in Supreme Court, Kings County, New York, of robbery in the first degree and possession of dangerous weapons. He was sentenced to concurrent terms of 15 to 20 years on the robbery charge and 3½...

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