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UNITED STATES v. FAY

No. 520, Docket 29379.

348 F.2d 705 (1965)

UNITED STATES of America ex rel. Aaron ROBINSON, Relator-Appellant, v. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 22, 1965.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Brenda Soloff, Deputy Asst. Atty. Gen., of the State of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Aaron Robinson, confined in Green Haven Prison on a sentence of imprisonment for 30 years to life imposed by the Onondaga, New York, County Court following a plea of guilty to a charge of murder in the second degree, after an unsuccessful effort to obtain relief by writ of error coram nobis in the state courts, sought release on writ of habeas corpus in the United States District Court for the Southern District of New York. Robinson...

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