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UNITED STATES v. FAY

No. 497, Docket 28630.

347 F.2d 424 (1965)

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

United States Court of Appeals Second Circuit.

Decided June 29, 1965.

Attorney(s) appearing for the Case

John W. Galiardo, New York City, (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Barry Mahoney, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Brenda Soloff, Deputy Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Appellant, confined under a state court sentence of imprisonment for 20 years to life on conviction on trial to the jury in Kings County Court of kidnapping, first degree rape, first degree sodomy and three counts of second degree assault, applied in the United States District Court for the Northern District of New York for release on writ of habeas corpus, alleging exclusion of women from the jury panel, exclusion of the public from...

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