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UNITED STATES v. FAY

235 F.Supp. 765 (1964)

UNITED STATES of America ex rel. Michael ADESSO, Relator, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

October 6, 1964.

Attorney(s) appearing for the Case

Michael Adesso, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, Joel Lewittes, Asst. Atty. Gen., of counsel, for respondent.

WEINFELD, District Judge.

Relator is imprisoned pursuant to a judgment entered in April 1945 on the verdict of a jury which, in accordance with New York's then existing procedure, was permitted to determine the factual dispute as to the voluntariness of his confession, as well as the ultimate issue of guilt or innocence under a general verdict—a procedure which the Supreme Court, in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774...

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