UNITED STATES v. FAY


231 F.Supp. 387 (1964)

UNITED STATES of America ex rel. Herman BOONE, Petitioner, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

July 9, 1964.


Attorney(s) appearing for the Case

Herman Boone, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent, Vincent A. Marsicano, Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

Petitioner, now confined at Green Haven Prison, Stormville, New York, under a New York State judgment of conviction for attempted rape in the first degree, applies for a writ of habeas corpus to effect his release. His petition is based upon alleged constitutional infirmities of the conviction and of the refusal by an appellate court to assign counsel upon his appeal from the denial of his application for a writ of error coram nobis.

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