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UNITED STATES EX REL. JOHNSON v. FOLLETTE

No. 70 Civ. 1485.

321 F.Supp. 1097 (1970)

UNITED STATES of America ex rel. Frank JOHNSON, Petitioner, v. Hon. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, N. Y., Respondent.

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

December 9, 1970.

Attorney(s) appearing for the Case

Frank Johnson, pro se.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent.

OPINION

EDELSTEIN, District Judge.

Petitioner, presently confined at Green Haven State Prison in New York State, was convicted after a jury trial in the Court of General Sessions, New York County, of robbery in the first degree. On April 27, 1948, he was sentenced to a term of not less than ten nor more than twenty years. If served without interruption, this sentence, at its maximum, would have expired in 1968 and petitioner today would be a free man. However...

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