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UNITED STATES v. FAY

No. 320, Docket 29322.

344 F.2d 625 (1965)

UNITED STATES of America ex rel. Joseph COFFEY, Relator-Appellee, v. Hon. Edward M. FAY, as Warden, Green Haven Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1965.

Attorney(s) appearing for the Case

Alfred I. Rosner, Martin B. Rosner, New York City, for appellee.

Joel Lewittes, Asst. Atty. Gen., State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirschowitz, First Asst. Atty. Gen., Michael H. Rauch, Deputy Asst. Atty. Gen., and Iris Steel, Deputy Asst. Atty. Gen., on the brief), for respondent-appellant.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

WATERMAN, Circuit Judge.

Joseph Coffey was tried in the New York County Court of General Sessions, convicted by a jury of burglary in the third degree, and sentenced to six to ten years in prison. The principal items of evidence against Coffey at his trial were the proceeds of the burglary, diamonds from Cartier's jewelry store. These had been found by the police on his companion, Kingdon "Bill" DeNormand, at the time when the two men were arrested. At his trial Coffey...

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