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UNITED STATES v. FAY

No. 360, Docket 28211.

332 F.2d 1020 (1964)

The UNITED STATES of America, ex rel. William LUPO, Appellant-Petitioner, v. Edward M. FAY, Warden of Green Haven, Stormville, New York, Appellee-Respondent.

United States Court of Appeals Second Circuit.

Decided June 9, 1964.

Attorney(s) appearing for the Case

John C. Lankenau, New York City, for appellant-petitioner.

Barry Mahoney, Deputy Asst. Atty. Gen., (Louis J. Lefkowitz, Atty. Gen., of the State of New York, on the brief), (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Ronald J. Offenkrantz, Asst. Atty. Gen., of counsel), for appellee-respondent.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is a habeas corpus proceeding, in which petitioner seeks to set aside his 1958 conviction in the Kings County Court on charges of grand larceny first degree (as a participant in a payroll robbery on December 7, 1956) and grand larceny second degree (in connection with the theft of an automobile on December 6, 1956). Judge Palmieri discharged the writ without a hearing, on grounds that the relator had failed to exhaust his state remedies...

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