UNITED STATES v. WALLACK

No. 66 Civ. 317.

251 F.Supp. 1009 (1966)

UNITED STATES of America ex rel. Bernard ROHRLICH, Petitioner, v. Honorable Walter M. WALLACK, as Warden of Wallkill Prison, Wallkill, New York, Respondent.

United States District Court S. D. New York.

March 25, 1966.


Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Herbert F. Schwartz, New York City, Joshua N. Koplovitz, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Arthur L. Schiff, Asst. Atty. Gen., Michael H. Rauch, Deputy Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

Petitioner, now serving a sentence as a multiple offender of from fifteen to thirty-five years pursuant to a state court judgment of conviction for robbery in the first degree, charges that it was procured in violation of his federally protected right to due process of law. His essential claim is that he was denied a fundamentally fair trial in that the state prosecution knowingly permitted John Tumminia, a codefendant who had pleaded guilty...

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