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U. S. EX REL. MERCOGLIANO v. COUNTY CT. OF NASSAU CTY.

No. 76 C 355.

414 F.Supp. 508 (1976)

UNITED STATES of America ex rel. Joseph A. MERCOGLIANO, Petitioner, v. COUNTY COURT OF NASSAU COUNTY, Respondent.

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

Memorandum and Order June 16, 1976.

Attorney(s) appearing for the Case

Legal Aid Society, by Norman S. Hatt, Mineola, N.Y., for petitioner.

Denis Dillon, Dist. Atty., by Martin I. Saperstein, Asst. Dist. Atty., Mineola, N.Y., for respondent.

OPINION AND ORDER

PLATT, District Judge.

PRELIMINARY STATEMENT

New York's second felony offender statute (Penal Law § 70.06) provides that indeterminate sentences of specified maximum and minimum lengths must be imposed on offenders convicted of a felony for the second time. Until the statute was amended in 1975, the earlier "felony conviction" was defined to be a conviction in New York of a felony,1 or a conviction...

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