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UNITED STATES EX REL. SMALLWOOD v. LaVALLE

No. 73 C 494.

377 F.Supp. 1148 (1974)

UNITED STATES of America ex rel. Rudolph SMALLWOOD, Petitioner, v. The Honorable J. E. LaVALLE, Superintendent of Clinton Correctional Facility, Dannemora, Respondent.

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

May 30, 1974.

Attorney(s) appearing for the Case

Richard P. Fennelly, Scarsdale, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., of N. Y. by Jerold Probst, Deputy Asst. Atty. Gen., New York City, for respondent.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Petitioner, Rudolph Smallwood, is presently released on parole from Clinton Correctional Facility, Dannemora, New York, where he had been serving an eight-year sentence for manslaughter after his conviction in Supreme Court, Kings County, on August 20, 1970. Petitioner seeks a writ of habeas corpus, alleging he was denied a public trial in violation of his Sixth and Fourteenth Amendment rights. The New York Court...

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