UNITED STATES v. LA VALLEE

No. 272, Docket 25365.

270 F.2d 513 (1959)

UNITED STATES of America ex rel. Joseph CORBO, Relator-Appellant, v. J. Edwin LA VALLEE, Warden, Clinton Prison, and the People of the State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided September 29, 1959.


Attorney(s) appearing for the Case

M. Bernard Aidinoff, New York City (Jeffrey A. Fillman, New York City, on the brief), for relator-appellant.

Irving Anolik, Asst. Dist. Atty., Bronx County, New York City (Louis J. Lefkowitz, Atty. Gen., Paxton Blair, Solicitor General, Albany, N. Y., Daniel V. Sullivan, Dist. Atty., Bronx County, Walter E. Dillon, Asst. Dist. Atty., New York City, and George K. Bernstein, Asst. Atty. Gen., on the brief), for appellees.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.


LUMBARD, Circuit Judge.

Relator appeals from the denial, without a hearing, of his petition for a writ of habeas corpus. He seeks to set aside his 1951 conviction for first degree murder in Bronx County, New York, on the ground that statements and admissions that he made after his arrest and prior to his arraignment, which were admitted into evidence at his trial, were coerced in violation of due process of law guaranteed by the Fourteenth Amendment.

The constitutional...

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