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TOBIAS v. SMITH

Civ-76-555.

468 F.Supp. 1287 (1979)

Archie TOBIAS, Petitioner, v. Harold SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

April 23, 1979.

Attorney(s) appearing for the Case

Susan N. Herman, Prisoners' Legal Services of New York, New York City (George M. Hezel, Prisoners' Legal Services of Buffalo, Buffalo, N.Y., of counsel), for petitioner.

Robert Abrams, Atty. Gen. of the State of New York, New York City (James L. Kennedy, Asst. Atty. Gen., Buffalo, N.Y., of counsel), for respondent.

CURTIN, Chief Judge.

Archie Tobias has submitted this petition for a writ of habeas corpus on the grounds that his incarceration is in contravention of the sixth and fourteenth amendments to the Constitution of the United States. The petitioner was indicted and charged with burglary in the first, second and third degree, with robbery in the first and third degree, with petit larceny, and with possession of a weapon as...

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