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GRUTTOLA v. HAMMOCK

No. 282, Docket 80-2199.

639 F.2d 922 (1981)

Joseph GRUTTOLA, Petitioner-Appellant, v. Edward R. HAMMOCK, Chairman of the New York Board of Parole, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 29, 1981.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (William E. Hellerstein, New York City, of counsel), for petitioner-appellant.

Mark Dwyer, Asst. Dist. Atty., New York County, New York City (Robert M. Morgenthau, Dist. Atty. of New York County, Robert M. Pitler, Asst. Dist. Atty., New York City, of counsel), for respondent-appellee.

Before LUMBARD, MANSFIELD and MESKILL, Circuit Judges.

LUMBARD, Circuit Judge:

Petitioner Joseph Gruttola appeals from a judgment of the District Court for the Southern District of New York, Motley, J., denying his petition for a writ of habeas corpus. On September 19, 1973, after a jury trial in New York State Supreme Court for New York County, Gruttola was convicted of first degree robbery, first degree assault, first degree attempted assault, and felonious possession of a weapon.1 The conviction...

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