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UNITED STATES EX REL. BATES v. MANCUSI

No. Civ. 1971-460.

360 F.Supp. 1340 (1973)

UNITED STATES of America ex rel. Gilbert BATES, Petitioner, v. Vincent R. MANCUSI, Superintendent of Attica Correctional Facility, Attica, New York, Respondent.

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

May 29, 1973.

Attorney(s) appearing for the Case

Gilbert Bates, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, for respondent.

CURTIN, District Judge.

In 1968 after a trial by jury in Erie County Court at which a codefendant was acquitted, petitioner Gilbert Bates was convicted of robbery in the first degree and sentenced to a term of imprisonment of ten to fifteen years. His conviction was affirmed without opinion by the Appellate Division, Fourth Department, People v. Bates, 34 A.D.2d 1104, 313 N.Y.S.2d 1005 (1970), and leave to appeal to the Court of Appeals was denied. Petitioner now...

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