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UNITED STATES EX REL. ANNUNZIATO v. DEEGAN

No. 614, Docket 35402.

440 F.2d 304 (1971)

UNITED STATES ex rel. Joseph ANNUNZIATO, Petitioner-Appellant, v. John T. DEEGAN, Warden, Sing Sing Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 26, 1971.

Attorney(s) appearing for the Case

Rabinowitz, Boudin & Standard, New York City (David Rosenberg and Dorian Bowman, New York City, of counsel), for petitioner-appellant.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Hillel Hoffman, Asst. Atty. Gen., New York City, for respondent-appellee.

Before SMITH and MOORE, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge:

Appellant Annunziato was charged, tried and convicted on May 22, 1967 after a jury trial in the Supreme Court, New York County, of nine counts of first degree perjury. He was sentenced to concurrent 2 to 4 year terms on the first five counts, plus concurrent 2 to 4 year terms on the second four counts. The two sets of concurrent terms were ordered to run consecutively to each other. Thus his net sentence was a total of 4 to 8 years. His conviction...

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