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MURRAY v. OSWALD

No. 71 Civ. 4495.

333 F.Supp. 490 (1971)

Robert MURRAY, by his next friend and Law Guardian, Charles Schinitsky, Plaintiff, v. Russell G. OSWALD, Commissioner, New York State Department of Correction, et al., Defendants.

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

October 29, 1971.

Attorney(s) appearing for the Case

Charles Schinitsky, The Legal Aid Society, Brooklyn, N. Y., for plaintiff by Michael Gage, Brooklyn, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of N. Y., for Oswald and Damon by Samuel A. Hirshowitz, Robert S. Hammer, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, for Wallace, by Stanley Buchsbaum, Eli Uncyk, New York City, of counsel.

GURFEIN, District Judge.

In a juvenile delinquency proceeding the plaintiff, Robert Murray, was found to have committed acts which, if committed by an adult, would constitute the crimes of robbery, burglary, menacing, possession of a dangerous weapon, and rape. On appeal to the Appellate Division, the finding with regard to rape was reversed; all other findings were affirmed. A three-year commitment to Elmira Reception Center, pursuant to Family Court Act § 758...

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