David Hollis v. Harold J. Smith, Superintendent, Attica Correctional Facility, Respondent

FRIENDLY, Circuit Judge:

This well briefed and well argued habeas appeal raises some difficult questions of the constitutionality of the procedures accorded petitioner David Hollis with respect to his indeterminate sentence of one day to life under a New York statute, former New York Penal Law § 243, now repealed, which permitted such a sentence for sex offenders.

Hollis was indicted in Nassau County, N.Y., in August, 1964 in a three-count indictment charging attempted rape in the first degree and two counts of assault in the second degree including assault with intent to commit rape.1 During…