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CARMONA v. WARD

No. 75 Civ. 6219.

436 F.Supp. 1153 (1977)

Martha CARMONA, Donna Foggie, and Roberta Fowler, Petitioners, v. Benjamin WARD, Commissioner of the New York State Department of Correctional Services, Frances Clement, Superintendent, Bedford Hills Correctional Facility, Bedford Hills, New York, Edward Hammock, Chairman of the New York State Board of Parole, and the New York State Board of Parole, Respondents.

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

August 4, 1977.

Attorney(s) appearing for the Case

Legal Action Center of the City of New York, Inc. by Elizabeth Bartholet, Risa G. Dickstein, Mark C. Morril, New York City, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel by Arthur L. Liman, New York City, Michael C. Meltsner, New York City, of counsel; Goldman & Hafetz by Frederick P. Hafetz, New York City, for petitioners Carmona and Foggie.

Washington Square Legal Services, Inc. by E. Judson Jennings, Charles D. Terry, Peter Bickerman, Law Clerk, New York City, for petitioner Fowler.

Louis J. Lefkowitz, Atty. Gen., State of New York by Gerald J. Ryan, Asst. Atty. Gen., New York City, for respondents.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MOTLEY, District Judge.

This is a habeas corpus proceeding brought by three women1 challenging the constitutionality of their confinement pursuant to judgments of conviction in the New York courts. Specifically, they attack, root and branch, the constitutionality of certain sections of the New York Penal Law, Criminal Procedure Law, and Correction Law, as amended in 1973,

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