UNITED STATES v. FAY


234 F.Supp. 543 (1964)

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

United States District Court S. D. New York.

September 30, 1964.


Attorney(s) appearing for the Case

Joseph Coffey, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent.


WEINFELD, District Judge.

Petitioner, now serving a term of six to ten years at Green Haven Prison, Stormville, New York, pursuant to a judgment of conviction of burglary in the third degree entered in the Court of General Sessions, New York County, upon a jury verdict, seeks his release by writ of habeas corpus. Petitioner makes a two-pronged constitutional attack upon the judgment. First, he contends that evidence consisting of diamonds, the proceeds of the burglary...

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