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NELSON v. SCULLY

No. 81 Civ. 6942.

536 F.Supp. 788 (1982)

Sullivan NELSON, Petitioner, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility, Respondent.

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

April 21, 1982.

Attorney(s) appearing for the Case

Sullivan Nelson, pro se.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Mark Dwyer, Roger W. Frydrychowski, Asst. Dist. Attys., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving a term of imprisonment of 10 to 20 years pursuant to a judgment of conviction entered upon his plea of guilty of manslaughter in the first degree in the Supreme Court of the State of New York, County of New York, seeks to void the conviction under the double jeopardy prohibition of the Fifth Amendment of the Federal Constitution.

The basis of his claim requires reference to events preceding...

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