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SERO v. OSWALD

No. 72 Civ. 778.

355 F.Supp. 1231 (1973)

Lois SERO et al., Plaintiffs, v. Russell G. OSWALD, Commissioner of Correctional Services, et al., Defendants.

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

February 27, 1973.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, New York Civil Liberties Union, Buffalo, N. Y., for plaintiffs.

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

MEMORANDUM

LASKER, District Judge.

On October 25, 1972, we denied plaintiffs' motion to convene a three-judge court to consider the constitutionality on their face of Sections 75.00 and 75.10, subd. 1 of the New York Penal Law (McKinney's Consol.Laws, c. 40, 1967), because we felt prior decisions of higher courts foreclosed granting the requested relief. Plaintiffs move for reconsideration of this decision1 in light of Goosby...

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