UNITED STATES v. FAY


238 F.Supp. 1005 (1965)

UNITED STATES of America ex rel. Clarence MOORE, Petitioner, v. Edward M. FAY, Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

February 25, 1965.


Attorney(s) appearing for the Case

Clarence Moore, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent; Michael H. Rauch, Deputy Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

The petitioner, charged with murder in the first degree, was convicted of a lesser crime, manslaughter in the first degree, in the Court of General Sessions, New York County, and was sentenced in 1947 to a term of from ten to twenty years. No appeal was taken from the judgment of conviction.

He now seeks to avoid the conviction, contending that his Federally protected right to a fair trial was violated. The attack centers upon the...

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