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UNITED STATES v. LA VALLEE

No. 55, Docket 25574.

276 F.2d 645 (1960)

UNITED STATES of America ex rel. Samuel Tito WILLIAMS, Relator-Appellant, v. J. Edwin LA VALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 28, 1960.

Attorney(s) appearing for the Case

Curtis F. McClane, John F. Finerty, New York City, for relator-appellant.

William I. Siegel, Asst. Dist. Atty., Kings County, Brooklyn, N. Y. (Edward S. Silver, Dist. Atty., Kings County, Brooklyn, N. Y., Louis Lefkowitz, Atty. Gen. of New York, on the brief), for respondent-appellee.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Relator appeals from an order denying upon the merits his petition for a writ of habeas corpus, but granting a certificate of probable cause and leave to appeal in forma pauperis.

In 1948 relator was convicted in Kings County Court, New York, of murder in the first degree. The crime involved was felony murder. The jury recommended life imprisonment as authorized by New York Penal Law McK...

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