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MONTGOMERY v. FOGG

No. 79 Civ. 2626.

479 F.Supp. 363 (1979)

Charles MONTGOMERY, Petitioner, v. Walter J. FOGG, Superintendent, Eastern Correctional Facility, Respondent.

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

October 16, 1979.

Attorney(s) appearing for the Case

Charles Montgomery, pro se.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Robert M. Pitler, Gregory L. Waples, Asst. Dist. Attys., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Charles Montgomery, now serving a sentence of twenty years to life imposed pursuant to a judgment of conviction for murder in the second degree entered on October 31, 1975, upon a jury verdict in the Supreme Court of the State of New York, seeks his release upon a federal writ of habeas corpus. The judgment of conviction was affirmed by the Appellate Division First Department on April 27, 1978, and leave...

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