Torry v. Montanye

CURTIN, Chief Judge.

This is an application for a writ of habeas corpus. Petitioner was convicted in Niagara County Court in 1971 for selling narcotics under § 1751(1) of the former New York Penal Law. His sentence was seven to fifteen years imprisonment. The Appellate Division, Fourth Department, affirmed the conviction [People v. Torry, 39 A.D.2d 841, 333 N. Y.S.2d 749 (1972)], and leave to appeal to the Court of Appeals was denied. An earlier application for a writ of habeas corpus on the basis of deprivation of assistance of counsel was denied. United States ex rel. Torry v. Rockefeller,…