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UNITED STATES v. FAY

No. 547, Docket 29421.

348 F.2d 418 (1965)

UNITED STATES of America ex rel. Angelo FAZIO, Petitioner-Appellant, v. Honorable Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 7, 1965.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Thomas F. O'Hare, Jr., Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before MOORE and ANDERSON, Circuit Judges, and LEVET, District Judge.

LEVET, District Judge:

Fazio appeals from an order of the United States District Court for the Southern District of New York, Edward Weinfeld, District Judge, which denied appellant's petition for a writ of habeas corpus without a hearing. Judge Weinfeld granted a certificate of probable cause and leave to appeal in forma pauperis on December 15, 1964.

Appellant is presently held in custody by the Warden of Green Haven Prison, Stormville, New York,...

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