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DILLARD v. LaVALLEE

No. 76 C 1929.

429 F.Supp. 35 (1977)

Taylor DILLARD, Petitioner, v. J. Edwin LaVALLEE, Warden of the Clinton Correctional Facility, and Benjamin Ward, Commissioner of the New York State Department of Correctional Services, Respondents.

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

April 5, 1977.

Attorney(s) appearing for the Case

James J. McDonough, Legal Aid Society of Nassau County, Mineola, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, Denis Dillon, Dist. Atty. of Nassau County, Mineola, N. Y., for respondents.

MEMORANDUM AND ORDER

PRATT, District Judge.

By habeas corpus, 28 U.S.C. § 2254, petitioner seeks to review his sentence as a second felony offender which was imposed on February 3, 1975 in the County Court, Nassau County, after a jury trial and conviction of robbery in the first degree. The Appellate Division, Second Department, unanimously affirmed the judgment of conviction on May 10, 1976. Leave to appeal...

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