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UNITED STATES EX REL. COLE v. MANCUSI

No. 797, Docket 34613.

429 F.2d 61 (1970)

UNITED STATES of America ex rel. Thomas N. COLE, Relator-Appellant, v. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 16, 1970.

Attorney(s) appearing for the Case

Samuel W. Murphy, Jr., New York City, for relator-appellant.

Michael Colodner, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge.

Thomas N. Cole was convicted in May 1967 in the County Court of Monroe County, New York, of committing grand larceny upon the Carpenter Shoe Co. in Rochester. In November 1964 he had been indicted, along with James and Clara Slater, on this charge and others. A conviction on the other counts of the indictment in February 1965 was reversed on the ground that his case should have been severed to protect him from the adverse effect of statements...

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