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CRUZ v. ALEXANDER

No. 77 Civ. 5976 (RWS).

477 F.Supp. 516 (1979)

Eduardo CRUZ, Petitioner, v. Robert ALEXANDER and Edward Hammock, Chairman of the New York State Department of Parole, Respondents.

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

September 12, 1979.

Attorney(s) appearing for the Case

Center for Constitutional Rights, New York City, for petitioner; Jose Antonio Lugo, John W. Corwin, Rhonda Copelon, New York City, of counsel.

Robert Abrams, Atty. Gen., State of New York, New York City, for respondents; Tyrone M. Powell, Asst. Atty. Gen., New York City, of counsel.

OPINION

SWEET, District Judge.

Petitioner Eduardo Cruz ("Cruz") was convicted of possession of explosive substances in the New York Supreme Court, and was sentenced in 1971 to a term of seven years. His conviction was affirmed by the Appellate Division, People v. Cruz, 41 A.D.2d 1027, 343 N.Y.S.2d 786 (1st Dep. 1973), and by the New York Court of Appeals, People v. Cruz, 34 N.Y.2d 362, 357 N.Y.S.2d 709, 314...

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