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UNITED STATES v. LaVALLEE

No. 199, Docket 29160.

344 F.2d 313 (1965)

UNITED STATES of America ex rel. Tobias BUND, Petitioner-Appellant, v. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 5, 1965.

Attorney(s) appearing for the Case

Emanuel Bund, New York City (Gerald Sultan, New York City, on the brief), for petitioner-appellant.

Joel Lewittes, Asst. Atty. Gen., Harold Roland Shapiro, Asst. Dist. Atty., New York County, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Iris Steel, Deputy Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

Before FRIENDLY and SMITH, Circuit Judges, and BLUMENFELD, District Judge.

BLUMENFELD, District Judge.

This is an appeal from the district court's denial of the appellant's petition for a writ of habeas corpus. Bund was convicted in a New York state court after a trial by jury on each of three counts of first degree larceny in obtaining three separate advances of $5000 each from one Elson and his wife by means of false and fraudulent representations and on a fourth count for forging a stock certificate in a non-existent enterprise given...

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