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UNITED STATES v. HEROLD

No. 155, Docket 30196.

368 F.2d 187 (1966)

UNITED STATES of America ex rel. Anthony BRUNO, Petitioner-Appellee, v. Ross E. HEROLD, M.D., Director of Dannemora State Hospital, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided October 26, 1966.

Attorney(s) appearing for the Case

F. Redmond Griffin, Troy, N. Y. (Smith, Pattison, Sampson & Jones, Troy, N. Y., on the brief), for petitioner-appellee.

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

Before WATERMAN, MOORE and ANDERSON, Circuit Judges.

PER CURIAM:

In a habeas corpus proceeding before Chief Judge Foley of the United States District Court for the Northern District of New York the judge, on October 14, 1965, after a hearing at which only the petitioner testified and where the petitioner was subject to persistent questioning by the People, held that the judgment of conviction petitioner challenged was void because petitioner had been denied a public trial by...

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