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GALE v. HARRIS

No. 77 Civ. 5175.

450 F.Supp. 375 (1978)

Charles A. GALE, Petitioner, v. David R. HARRIS, Superintendent, Greenhaven Correctional Facility, Respondent.

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

As Amended March 10, 1978.

Attorney(s) appearing for the Case

Pierce Gerety, Jr., Prisoners' Legal Services of New York, New York City, for petitioner, by Mickey A. Steiman, David Steinberg, Poughkeepsie, N. Y., of counsel.

Mario Merola, Dist. Atty., Bronx County, New York City, for respondent, by Jane Louise Koch, Asst. Dist. Atty., Bronx County, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Petitioner Charles A. Gale brings this petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the ground therefor, petitioner relies upon the Second Circuit's decision in U. S. ex rel. Welcome v. Vincent, 549 F.2d 853 (2d Cir. 1977), finding that habeas corpus relief was warranted for Ernest Welcome, a co-defendant with petitioner in an...

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