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SUTTON v. BUTLER

No. CIV-77-156.

469 F.Supp. 937 (1979)

Leroy SUTTON, Petitioner, v. Harold BUTLER, Superintendent, Wallkill Correctional Facility, Respondent.

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

April 20, 1979.

Attorney(s) appearing for the Case

Leroy Sutton, for petitioner, pro se.

Robert Abrams, Atty. Gen. of the State of New York, New York City, Lauren R. Wixson, Buffalo, N.Y., of counsel, for respondent.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Petitioner, presently incarcerated in the Wallkill Correctional Facility, has submitted an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted May 16, 1973 of three counts of robbery in the first degree after a jury trial in the New York Supreme Court, Erie County, and was sentenced to three concurrent indeterminate terms of 15 years. Such conviction and sentence were...

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