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HABERSTROH v. MONTANYE

Civ. No. 1972-277.

362 F.Supp. 838 (1973)

Ralph Benno HABERSTROH, Petitioner, v. Superintendent MONTANYE, Attica Correctional Facility, Respondent.

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

July 30, 1973.

Attorney(s) appearing for the Case

Daniel J. Weinstein, The Legal Aid Bureau of Buffalo, Inc., Buffalo, N. Y. (Michael J. Fitzgerald, Buffalo, N. Y., of counsel), for petitioner.

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

CURTIN, District Judge.

At approximately 1:00 A.M. on April 22, 1968, a patron of the Mancuso Restaurant in Batavia, New York, drew a revolver and forced the bartender and four other patrons behind the bar while he took the night's receipts and fled. As a result of this crime, petitioner Ralph Benno Haberstroh was charged with robbery in the first degree and larceny in the second degree, convicted as charged after a jury trial in Genesee County Court and sentenced...

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