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UNITED STATES v. LaVALLEE

No. 340, Docket 27053.

306 F.2d 199 (1962)

UNITED STATES of America ex rel. Thomas KLING, Relator-Appellant, v. J. E. LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided July 11, 1962.

Attorney(s) appearing for the Case

John Dwight Evans, Jr., New York City (The Legal Aid Society, Anthony F. Marra, New York City, on the brief), for relator-appellant.

Samuel A. Hirshowitz, First Asst. Atty. Gen., Gretchen White Oberman, Asst. Atty. Gen., of New York (Louis J. Lefkowitz, Atty. Gen., of New York), for respondent-appellee.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.

KAUFMAN, Circuit Judge.

Thomas Kling was indicted for a number of crimes arising out of an armed robbery of the Sunnyside, Long Island branch of the Manufacturers Trust Company on March 9, 1950. Kling's counsel, appointed by the County Court of Queens County, made a timely motion for a severance of Kling's trial from that of his well publicized co-defendant William ("Willie") Sutton, on the ground that Kling would suffer prejudice from Sutton's notoriety and would...

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