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UNITED STATES v. FOLLETTE

No. 300, Docket 30191.

361 F.2d 324 (1966)

UNITED STATES of America ex rel. Walter JONES, Petitioner-Appellee, v. Honorable Harold W. FOLLETTE, as Warden of Green Haven Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided May 18, 1966.

Attorney(s) appearing for the Case

Thomas F. O'Hare, Jr., Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Barry Mahoney, Asst. Atty. Gen., on brief), for appellant.

Joshua N. Koplovitz, Anthony F. Marra, New York City, for appellee.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

PER CURIAM:

Walter Jones, a New York State prisoner, attacks a 1938 New York conviction which resulted in his being given in 1960 a second sentence to run consecutively to that imposed on the 1938 conviction. His complaint is that at a preliminary hearing before a magistrate, in answer to a question on an official form asking for any explanation of the circumstances which he thought proper and for any facts which he might think tended to exculpate him, Jones answered...

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