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UNITED STATES v. HEROLD

Civ. No. 10155.

246 F.Supp. 363 (1965)

UNITED STATES of America ex rel. Anthony BRUNO, Petitioner, v. Ross E. HEROLD, M. D., Director of Dannemora State Hospital, Dannemora, New York, Respondents.

United States District Court N. D. New York.

October 14, 1965.

Attorney(s) appearing for the Case

F. Redmond Griffin, Troy, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., State of New York, Aaron Koota, Dist. Atty., Kings County, for respondents, Lattimer Senior, Asst. Atty. Gen., William I. Siegel, Asst. Dist. Atty., of counsel.

JAMES T. FOLEY, Chief Judge.

This habeas corpus proceeding, as few do in proportion to the steady stream of their filing by state prisoners, involves a substantial question, in my judgment. Contrariwise in the State Courts of New York, to my evaluation of substance, and ironically, it would seem, Judge Leibowitz denied a coram nobis application raising the same question presented in the federal application on October 9...

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