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UNITED STATES EX REL. DeROSA v. SUPERIOR COURT OF N. J.

Civ. A. No. 74-84.

379 F.Supp. 957 (1974)

UNITED STATES ex rel. Angelo DeROSA, Plaintiff, v. SUPERIOR COURT OF NEW JERSEY et al., Respondents.

United States District Court, D. New Jersey.

July 3, 1974.

Attorney(s) appearing for the Case

Cummins, Cummins, Dunn, Horowitz & Pashman by Donald Horowitz, Hackensack, N. J., for plaintiff.

Joseph C. Woodcock, Jr., Prosecutor by Theodore R. Carron, Asst. Prosecutor, Hackensack, N. J., for respondents.

MEMORANDUM AND ORDER

LACEY, District Judge:

Petitioner seeks a writ of habeas corpus, alleging illegal detention by respondents within 28 U.S.C. § 2241 et seq., to wit, a three-year period of probation upon suspension of a 2-3 year New Jersey State prison term, and a $1000 fine, later suspended, the sentence imposed after conviction following jury trial of violating N.J.S.A. 2A:98-1. Petitioner thus is neither presently incarcerated nor in immediate...

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