UNITED STATES v. FAY

No. 437, Docket 28751.

333 F.2d 815 (1964)

UNITED STATES of America ex rel. Burton WEINSTEIN, Appellant, v. Edward M. FAY, Warden of Green Haven Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 2, 1964.


Attorney(s) appearing for the Case

Victor M. Earle, III, New York City (Leon B. Polsky, New York City, on the brief), for appellant.

Mortimer Sattler, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

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


LUMBARD, Chief Judge.

Burton Weinstein appeals from the denial without a hearing of a writ of habeas corpus by the United States District Court for the Southern District of New York. The principal question presented by this appeal is whether relator's confession obtained by the police after 36 hours' detention was voluntary. If the confession was involuntary, its use at the trial violated Weinstein's constitutional right to a fair trial and his conviction must be...

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