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UNITED STATES v. DENNO

No. 264, Docket 28514.

328 F.2d 309 (1964)

UNITED STATES ex rel. Charles EMERICK, Petitioner-Appellant, v. Honorable Wilfred DENNO, as Warden of Sing Sing Prison, Ossining, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 27, 1964.

Attorney(s) appearing for the Case

Anthony F. Marra of The Legal Aid Society, New York City, for relator-appellant, Leon B. Polsky, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of State of New York, New York City, for respondent-appellee, Samuel A. Hirshowitz, First Asst. Atty. Gen., Irving Galt, Asst. Sol. Gen., Ronald J. Offenkrantz, Asst. Atty. Gen., of counsel.

Before SWAN, MOORE and SMITH, Circuit Judges.

PER CURIAM:

This is an appeal from dismissal without evidentiary hearing of relator's application for a writ of habeas corpus. The district judge granted a certificate of probable cause and leave to appeal in forma pauperis. The Legal Aid Society is entitled to our thanks for its able presentation of appellant's case.

Emerick was convicted in a state court, after a jury trial, of grand larceny in the second degree. He was sentenced in 1959 to a term...

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