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DLUGASH v. PEOPLE OF STATE OF N. Y.

No. 79 C 2048.

476 F.Supp. 921 (1979)

Melvin DLUGASH, Petitioner, v. The PEOPLE OF the STATE OF NEW YORK, Eugene Gold, District Attorney of Kings County, Robert Abrams, Attorney General of the State of New York, the New York State Department of Correctional Services and the Warden of the Facility to Which the Petitioner is to be Remanded, Respondents.

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

September 10, 1979.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Jeffrey R. Cohen, New York City, for petitioner.

Eugene Gold, Dist. Atty. of Kings County, Brooklyn, N. Y. (Michael J. Halberstam, Asst. Dist. Atty., Brooklyn, N. Y., of counsel), for respondents.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Petitioner Melvin Dlugash applies for a writ of habeas corpus asserting that his conviction in the New York State Courts for attempted murder violated his right to due process under the Fourteenth Amendment.

Dlugash was indicted on January 9, 1974 in Kings County for the murder of Michael Geller. Although charged with acting in concert with one Joseph Bush, Dlugash was tried alone.

At the trial...

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