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MILDWOFF v. CUNNINGHAM

No. 76 Civ. 3377 (CHT).

432 F.Supp. 814 (1977)

Steven MILDWOFF, Petitioner, v. John CUNNINGHAM, Warden, New York City Correctional Institution for Men at Riker's Island, New York, Respondent.

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

May 5, 1977.

Attorney(s) appearing for the Case

Hal Meyerson, New York City, for petitioner.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Robert M. Pitler, Ann Elizabeth Lewis, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

This petition for a writ of habeas corpus was brought by a New York state prisoner seeking release from custody imposed after a conviction upon a jury verdict. Petitioner alleges that his conviction of sexual abuse under N.Y. Penal Law § 130.65(1) (McKinney 1975) was obtained in violation of his constitutional right to due process in that he was convicted of a crime for which he was not indicted and of which he lacked...

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