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UNITED STATES v. McMANN

No. 208, Docket 25977.

275 F.2d 284 (1960)

UNITED STATES of America ex rel. Dominick GRAZIANO, Petitioner-Appellant, v. Daniel McMANN, Acting Warden, Clinton Prison, and The People of the State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided February 11, 1960.

Attorney(s) appearing for the Case

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

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

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

WATERMAN, Circuit Judge.

Appellant was convicted of the crime of robbery in the first degree after trial by jury in 1956 in a New York State Court. During trial evidence was introduced against appellant that had been obtained by the State-authorized use of wiretaps.1 Appellant's conviction was affirmed by the Appellate Division, First Department, People v. Graziano, 3 A.D.2d 1010...

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