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SIMMONS v. CLEMENTE

No. 550, Docket 76-2117.

552 F.2d 65 (1977)

Theresa SIMMONS, Petitioner-Appellant, v. Frances CLEMENTE, Superintendent, Bedford Hills Correctional Facility, Bedford Hills, N. Y., Appellee.

United States Court of Appeals, Second Circuit.

Decided March 24, 1977.

Attorney(s) appearing for the Case

Harry I. Subin, New York City, for petitioner-appellant.

David Rapaport, Asst. Dist. Atty., New York County, New York City, (Robert M. Morgenthau, Dist. Atty., and Peter L. Zimroth, Asst. Dist. Atty., New York County, New York City, on the brief), for appellee.

Before ANDERSON, OAKES and GURFEIN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

On the night of January 13, 1966, in New York City, Theresa Simmons and her accomplice, Peggy Barbour, hailed a cab driven by Martin Seiler and rode in it to within a few blocks of Simmons' home. Simmons told Seiler to stop the car, grabbed him around the neck and placed a .22 caliber revolver to his head. Barbour removed the car keys from the ignition. In the resulting struggle, Simmons...

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