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UNITED STATES v. LaVALLEE

No. 393, Docket 28088.

319 F.2d 37 (1963)

UNITED STATES of America ex rel. James MORRISON, Relator-Appellant, v. J. Edwin LaVALLEE, Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 19, 1963.

Attorney(s) appearing for the Case

Matthew Muraskin and Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Philip Liebowitz, Asst. Atty. Gen. for State of New York and Sheldon Raab, New York City (Louis J. Lefkowitz, Atty. Gen., and Irving Galt, Asst. Sol. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

Relator appeals from an order of Judge Foley, in the Northern District of New York, denying without a hearing his application for a writ of habeas corpus. Appellant is presently incarcerated under a term of imprisonment of thirty to sixty years resulting from a conviction by a jury in November 1941 of the crime of robbery. He seeks to overturn his state conviction which, he alleges, is unconstitutionally founded upon the improper admission...

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