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UNITED STATES v. FAY

No. 282, Docket 26555.

289 F.2d 470 (1961)

UNITED STATES of America ex rel. Frank CUTRONE, Relator-Appellant, v. Edward M. FAY, Warden, Green Haven State Prison, and the People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 28, 1961.

Attorney(s) appearing for the Case

Thomas B. Moorhead, New York City, assigned counsel for relator-appellant.

John J. O'Grady, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Irving Galt, Asst. Sol. Gen., New York City, on the brief), for respondents-appellees.

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

BRENNAN, District Judge.

The appellant, a state court prisoner, makes an oblique attack, by way of an application for a writ of habeas corpus, upon his conviction of the crime of robbery in a state court of Northampton County, Pennsylvania, in 1945. This conviction was used with others as the basis for the imposition of increased punishment imposed upon his conviction in the County Court of Kings County on November 2, 1955. The application was made to the United States...

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