UNITED STATES v. DENNO


257 F.2d 295 (1958)

UNITED STATES ex rel. Angelo John LA MARCA, Petitioner, v. Wilfred L. DENNO, Warden of Sing Sing Prison, Respondent.

United States Court of Appeals Second Circuit.

Decided July 2, 1958.


Attorney(s) appearing for the Case

David M. Markowitz, New York City, for petitioner.

Henry P. DeVine, Asst. Dist. Atty. of County of Nassau, N. Y., Mineola, N. Y., for respondent.

Before MOORE, Circuit Judge.


MOORE, Circuit Judge.

The petitioner, Angelo John LaMarca, moves before me during a recess of this court for a certificate of probable cause pursuant to 28 U.S.C. section 2253. That section, in part, provides: "An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or...

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