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UNITED STATES EX REL. TARALLO v. LaVALLEE

No. 838, Docket 34609.

433 F.2d 4 (1970)

UNITED STATES of America ex rel. Peter TARALLO, a/k/a Peter Taro, Relator-Appellant, v. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 15, 1970.

Attorney(s) appearing for the Case

Kent Greenawalt, New York City, for relator-appellant.

Joel Lewittes, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge:

Peter Tarallo appeals from the denial of his petition for habeas corpus by the United States District Court for the Southern District of New York. Tarallo was indicted for the commission of two separate unrelated armed robberies which were joined for trial. He was convicted on September 30, 1964, after a jury trial in New York County, of one of the robberies and was sentenced as a second felony offender...

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