PEOPLE OF STATE OF NEW YORK v. FAY


149 F.Supp. 352 (1956)

PEOPLE of the STATE OF NEW YORK ex rel. Louis CUOMO, Petitioner, v. Warden Edward M. FAY, Respondent.

United States District Court S. D. New York.

June 29, 1956.


Attorney(s) appearing for the Case

Jacob K. Javits, Atty. Gen. of the State of New York, by Harold Borgwald, Asst. Atty. Gen. of the State of New York, for respondent.


McGOHEY, District Judge.

The writ applied for by the petitioner was refused by this court on February 23, 1956, (1) because he had failed to exhaust his State remedies, 28 U.S.C.A. § 2254, and (2) because he had failed to sustain his burden to show that he was denied due process by the New York Appellate Division when it refused to permit him to appeal in forma pauperis from a denial by the New York Supreme Court of his motion to dismiss respondent's return to...

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