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UNITED STATES EX REL. FULLER v. WARDEN, BRONX HOUSE

No. 73 Civ. 5022.

390 F.Supp. 440 (1974)

UNITED STATES of America ex rel. William E. FULLER, Esq., on behalf of Hilbert Huntley a/k/a Charles Huntley, Petitioners, v. WARDEN, BRONX HOUSE OF DETENTION FOR MEN, Respondent.

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

June 10, 1974.

Attorney(s) appearing for the Case

William E. Fuller, New York City, for petitioners.

Louis J. Lefkowitz, Atty. Gen. of the State of New York by Lillian Z. Cohen, New York City, of counsel, for defendant.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Petitioner Hilbert Huntley seeks release from allegedly unlawful confinement following a conviction on October 17, 1973, of criminal possession of a dangerous drug. He maintains that his conviction was invalid for a number of reasons, none of which may be reached on the merits because of his failure to exhaust state remedies.

His first objection is that the jury's verdict was logically inconsistent...

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