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SANTIAGO v. SUP. CT. OF STATE OF N. Y., KINGS CTY.

No. 76 C 160.

411 F.Supp. 73 (1976)

Jose SANTIAGO, Petitioner, v. SUPREME COURT OF the STATE OF NEW YORK, KINGS COUNTY and Benjamin J. Malcolm, Commissioner, New York City Department of Correction, Respondents.

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

Application for Certificate of Probable Cause Denied March 29, 1976.

Attorney(s) appearing for the Case

Maurice Brill, New York City, for petitioner.

Barry Schreiber, Dist. Atty., by Elliott Schulder, Asst. Dist. Atty., Brooklyn, N. Y., for respondents.

MEMORANDUM AND ORDER

PLATT, District Judge.

Petitioner seeks a writ of habeas corpus pursuant to Title 28 United States Code Section 2241, and alleges that he has exhausted his opportunities for relief from the State Courts, his application for leave to appeal to the Court of Appeals from an adverse affirmance of his judgment of conviction having been heard and denied by Chief Judge Charles D. Breitel on November 11, 1975 (see Title 28 U.S.C. § 2254...

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