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U. S. EX REL. ROSNER v. COM'R, N. Y. S. D. OF CORR.

No. 75 Civ. 3175 (WCC).

421 F.Supp. 781 (1976)

UNITED STATES ex rel. Nancy ROSNER, on behalf of Thomas LiPuma, Petitioner, v. COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTION, and Warden, New York State Correctional Facility, Ossining, New York, Respondents.

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

Supplemental Memorandum and Order October 19, 1976.

Attorney(s) appearing for the Case

Nancy Rosner, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. N. Y., New York City, for respondents; Rhonda Amkraut Bayer, Asst. Atty. Gen., of counsel.

MEMORANDUM AND ORDER

CONNER, District Judge:

Petitioner Thomas LiPuma, currently serving a five-year-maximum term of imprisonment pursuant to a judgment rendered in Supreme Court, New York County, on June 24, 1974, was convicted of second degree burglary and petit larceny after trial to a jury. Having unsuccessfully appealed that judgment to the New York Appellate Division and Court of Appeals, petitioner now...

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