UNITED STATES v. FAY


236 F.Supp. 211 (1964)

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

United States District Court S. D. New York.

November 30, 1964.


Attorney(s) appearing for the Case

Angelo Fazio, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent; Mortimer S. Sattler, Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

Petitioner, now confined to Green Haven Prison, Stormville, New York, pursuant to a judgment of conviction for first degree robbery in the former Kings County Court, seeks his release under a writ of habeas corpus on the ground that his conviction was obtained in violation of his federally protected right to due process of law under the Fourteenth Amendment. The basis of his contention is the knowing use by the prosecution of perjured testimony...

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