UNITED STATES v. FAY

No. 251, Docket 28511.

333 F.2d 12 (1964)

UNITED STATES ex rel. George ANGELET, Petitioner-Appellant, v. Honorable Edward M. FAY, as Warden of Green Haven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Submitted June 1, 1964.

Decided June 11, 1964.

Certiorari Granted October 12, 1964.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Ronald J. Offenkrantz, Asst. Atty. Gen., of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirschowitz, First Asst. Atty. Gen., and Irving Galt, Asst. Solicitor Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and MEDINA, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.


Submitted to the In Banc Court June 1, 1964.

Certiorari Granted October 12, 1964. See 85 S.Ct. 126.

MEDINA, Circuit Judge (with whom LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, KAUFMAN and HAYS, Circuit Judges, concur):

George Angelet, having exhausted his state remedies, petitioned for federal habeas corpus on the ground that his state court conviction, in 1951, for possession of narcotics with intent to sell, was obtained through admission...

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