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HARTY v. ROCKEFELLER

No. 71 Civ. 3567.

338 F.Supp. 367 (1972)

Michael J. HARTY, Plaintiff, v. Hon. Nelson A. ROCKEFELLER, Governor of the State of New York, Defendant.

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

January 18, 1972.

Attorney(s) appearing for the Case

Michael J. Harty, pro se.

Louis J. Lefkowitz, Atty. Gen., for defendant; Michael Colodner, New York City, of counsel.

GURFEIN, District Judge.

Michael Harty, the plaintiff pro se, won a notable victory in the New York Court of Appeals when that Court granted him, then a State prisoner, habeas corpus relief, holding that "a long and unnecessary failure to sentence is not only an error but results in lack of jurisdiction." People ex rel. Harty v. Fay, 10 N.Y.2d 374, 379, 223 N.Y.S.2d 468, 472, 179 N.E.2d 483, 485 (1961).

After his...

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