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FARRELL v. CZARNETSKY

No. 76 Civ. 2355 (CMM).

417 F.Supp. 987 (1976)

Edward FARRELL, Petitioner, v. Jack CZARNETSKY, Superintendent of Eastern Correctional Facility, Respondent.

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

August 4, 1976.

Attorney(s) appearing for the Case

William E. Hellerstein, William J. Gallagher, New York City, for petitioner; Barry Bassis, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Kevin J. McKay, Asst. Atty. Gen., New York City, of counsel.

METZNER, District Judge:

In this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner alleges that his confinement at the Eastern Correctional Facility upon conviction of first degree robbery is in violation of the due process clause of the Fourteenth Amendment under the holding of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).

Petitioner was convicted of two counts...

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