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UNITED STATES EX REL. CURTIS v. WARDEN OF GREEN HAVEN PR.

No. 70 C 1069.

329 F.Supp. 333 (1971)

UNITED STATES of America ex rel. Clyde CURTIS, NYSIIS (DCI) 0715491P, Petitioner, v. WARDEN OF GREEN HAVEN PRISON, Respondent.

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

July 13, 1971.

Attorney(s) appearing for the Case

Arlene R. Silverman, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, of counsel), for respondent.

John J. Hart, New York City, for relator Clyde Curtis.

MEMORANDUM and ORDER

DOOLING, District Judge.

The relator was tried and convicted in the County Court, Suffolk County, of criminally selling a dangerous drug, second degree (Count 1), and of possession of a dangerous drug, second degree (Count 2). He contends, as he did in the County Court (except when the alleged indictment was amended during the arraignment) that he has been denied due process because he was never in fact indicted for the crime on which...

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