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UNITED STATES v. FAY

234 F.Supp. 751 (1964)

UNITED STATES ex rel. Alfred J. FOSCHINO, Petitioner, v. Edward FAY, Warden of Greenhaven State Prison, Respondent.

United States District Court S. D. New York.

October 14, 1964.

Attorney(s) appearing for the Case

James J. Leff, New York City, for petitioner.

Frank S. Hogan, Dist. Atty., New York County, New York City, for respondent; Michael Juviler, Asst. Dist. Atty., of counsel.

WEINFELD, District Judge.

Relator is imprisoned pursuant to a judgment of conviction entered on the verdict of the jury which, in accordance with New York's then existing procedure, was permitted to determine the factual issue as to the voluntariness of his confession, as well as the ultimate issue of guilt or innocence under a general verdict — a procedure found in Jackson v. Denno1 to violate the due process clause of the Fourteenth...

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