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UNITED STATES v. LaVALLEE

Docket 29365.

342 F.2d 641 (1965)

UNITED STATES of America ex rel. William G. CARROL, Relator-Appellee, v. Honorable J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York (Successor to Honorable Robert E. Murphy, Warden), Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 12, 1965.

Attorney(s) appearing for the Case

William G. Carrol, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York (Joseph E. Castellani, Asst. Atty. Gen., of counsel), Leonard Rubenfeld, Dist. Atty. of Westchester County (James J. Duggan, Asst. Dist. Atty., of counsel), for respondent.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

PER CURIAM.

Appellee moves to dismiss the Warden's appeal alleging that appellant has not complied with an essential prerequisite to our exercise of appellate jurisdiction. Appellee, an incarcerated State prisoner, petitioned the United States District Court for the Northern District of New York requesting the issuance of a writ of habeas corpus on the ground that the New York State conviction under which he was held in custody...

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