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UNITED STATES EX REL. ZAVARRO v. COMMISSIONER OF COR., N. Y.

No. 71 Civ. 5505.

345 F.Supp. 809 (1972)

UNITED STATES of America ex rel. Isaac ZAVARRO, Petitioner-Relator, v. COMMISSIONER OF CORRECTION OF the STATE OF NEW YORK and Warden of the State Prison at Wallkill, New York, Respondents.

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

June 23, 1972.

Attorney(s) appearing for the Case

Irving Anolik, New York City, for petitioner-relator.

Louis J. Lefkowitz, Atty. Gen. of State of New York, Albany, N. Y., for respondents; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

Petitioner Isaac Zavarro, and his brother, Mark Zavarro (not a party here), were each convicted after a joint jury trial in Nassau County Court of one count of second degree arson and one count of third degree arson. Each was sentenced to concurrent terms of 4 to 10 years in prison.

The convictions were affirmed without opinion by the Appellate Division, People v. Zavarro, 29 A.D.2d 917, 289 N.Y.S...

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