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UNITED STATES v. FAY

No. 534, Docket 29185.

350 F.2d 400 (1965)

UNITED STATES of America ex rel. Francisco CASTILLO, Relator-Appellant, v. Edward M. FAY, as Warden of Green-haven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 28, 1965.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Malvina H. Guggenheim, Asst. Dist. Atty., New York City (Frank S. Hogan, Dist. Atty. for New York County, and H. Richard Uviller, Asst. Dist. Atty., New York City), for appellee.

Before KAUFMAN, HAYS and MARSHALL, Circuit Judges.

HAYS, Circuit Judge:

The relator-appellant Castillo was tried and convicted by a jury in a New York state court for the unlawful sale of heroin. He was sentenced to imprisonment for a period of from five to six years. The judgment was affirmed on appeal. People v. Castillo, 16 A.D.2d 235, 226 N.Y.S.2d 785 (1st Dep't) (3-to-2 decision), aff'd mem., 12 N.Y.2d 732, 186 N.E.2d 198, 233 N.Y.S.2d 938...

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