UNITED STATES v. JACKSON

No. 190, Docket 25249.

263 F.2d 282 (1959)

UNITED STATES of America ex rel. Gustave SHAPIRO, Relator-Appellant, v. J. Vernal JACKSON, Warden of Clinton Prison, Dannemora, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 4, 1959.


Attorney(s) appearing for the Case

Nathan Kestnbaum, New York City, for relator-appellant.

Allan N. Smiley, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., New York City, Paxton Blair, Sol. Gen., Albany, N. Y., and Samuel A. Hirshowitz, Asst. Sol. Gen. of the State of New York, New York City, on the brief), for respondent-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and GIBSON, District Judge.


PER CURIAM.

Relator, presently serving a sentence of ten to thirty years for a 1940 conviction of robbery in New York, questions the fairness of his trial. He was represented by counsel throughout the trial and on appeal when his conviction was affirmed. People v. Shapiro, 260 App.Div. 861, 23 N.Y.S.2d 554, affirmed 287 N.Y. 824, 41 N.E.2d 98. Not until 1955 did he make the present contention that he was not present during a part of the trial. This contention when...

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