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UNITED STATES EX REL. GASPARINO v. BUTLER

No. 73 Civ. 3206.

398 F.Supp. 127 (1974)

UNITED STATES of America ex rel. Nicholas GASPARINO, Petitioner, v. The Honorable Harold BUTLER, Superintendent, Wallkill State Correctional Facility, Wallkill, New York, Respondent.

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

September 19, 1974.

Attorney(s) appearing for the Case

Nicholas Gasparino, petitioner pro se.

Louis J. Lefkowitz, Atty. Gen., by Constance B. Margolin, New York City, for respondent.

Memorandum Opinion and Order

MOTLEY, District Judge.

Petitioner in this habeas corpus proceeding is presently incarcerated at Wallkill Correctional Facility, Wallkill, New York, pursuant to a judgment of the Supreme Court, Westchester County (Beisheim, J.) following a plea of guilty to conspiracy in the first degree. He was sentenced on February 16, 1971 to a term of 15 years. The judgment was affirmed, without opinion, by the Appellate Division, Second...

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