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UNITED STATES v. FAY

No. 172, Docket 29761.

353 F.2d 726 (1965)

UNITED STATES of America ex rel. Manuel M. PIZARRO a/k/a Ralph Riveria, Relator-Appellant, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 14, 1965.

Attorney(s) appearing for the Case

Donald L. Collins, Brooklyn, N. Y. (Michael W. Brinitzer and Cullen & Dykman, Brooklyn, N. Y., on the brief), for relator-appellant.

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

PER CURIAM:

Relator Manuel M. Pizarro was charged in two indictments handed down by a Nassau County Grand Jury on April 28, 1959 with robbery, grand larceny and assault. He was arraigned on the first indictment on February 17, 1960, at which time a not guilty plea was entered for him, and on the second indictment on February 23, 1960, when, being represented by assigned counsel, he pleaded not guilty. On June 2, 1960, relator agreed, through his counsel, to change...

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