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UNITED STATES v. PEOPLE OF STATE OF NEW YORK

No. 301, Docket 27987.

316 F.2d 603 (1963)

The UNITED STATES of America ex rel. Robert WEBER, Petitioner-Appellee, v. PEOPLE OF the STATE OF NEW YORK, Appellant, and Edward M. Fay, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided May 1, 1963.

Attorney(s) appearing for the Case

Philip Weinberg, New York City (Louis J. Lefkowitz, Atty. Gen., of New York, on the brief), (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Vincent A. Marsicano, Asst. Atty. Gen., of counsel), for appellant.

Jerome J. Londin, New York City, Harvey P. Dale, New York City, of counsel), for appellee.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal by the State of New York from an order of the United States District Court for the Southern District of New York, Noonan, J., sustaining a writ of habeas corpus and directing that the petitioner, Robert Weber, be released from the custody of the warden of Green Haven Prison.

The record made at the hearing in the District Court establishes the factual background against which Judge Noonan found that Weber's constitutional...

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