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SITARSKI v. STATE OF NEW YORK

Civ. No. 1971-567.

358 F.Supp. 817 (1973)

Frank SITARSKI, Petitioner, v. STATE OF NEW YORK, Respondent.

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

May 14, 1973.

Attorney(s) appearing for the Case

Henrietta M. Wolfgang, The Legal Aid Bureau of Buffalo, Inc., Buffalo, N. Y. (Charles J. Scibetta, Buffalo, N. Y., of counsel), for petitioner.

Louis J. Lefkowitz, Atty. Gen., of the State of New York (Bedros Odian, Buffalo, N. Y., of counsel), for respondent.

CURTIN, District Judge.

In 1970, after a trial by jury in New York State Supreme Court, Erie County, petitioner Frank Sitarski was convicted of attempted grand larceny in the third degree and burglary in the third degree and sentenced to concurrent terms of imprisonment of one year and up to seven years. His conviction was affirmed by the Appellate Division, Fourth Department, People v. Sitarski, 36 A.D.2d 581, 317 N.Y.S.2d 746 (4th Dept. 1971), and leave to appeal...

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