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UNITED STATES v. MARTIN

No. 334, Docket 25359.

269 F.2d 586 (1959)

UNITED STATES of America ex rel. Albert SILEO, Petitioner-Appellant, v. Walter B. MARTIN, Warden, Attica Prison, and The People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided August 14, 1959.

Attorney(s) appearing for the Case

John V. Hanna, New York City (Ferdinand J. Wolf, New York City, on the brief), for petitioner-appellant.

George K. Bernstein, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., of State of New York and Paxton Blair, Sol. Gen. of State of New York, Albany, N. Y., on the brief), for respondents-appellees.

Before HINCKS and MOORE, Circuit Judges, and SMITH, District Judge.

J. JOSEPH SMITH, District Judge.

This is an appeal by a prisoner of the State of New York, from an order of the United States District Court for the Western District of New York, Morgan, J., denying his application for a writ of habeas corpus. A certificate of probable cause and order granting leave to proceed in forma pauperis issued by that same court paved the way for petitioner's presentation of his appeal here.

By the proceeding below, Albert Sileo...

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