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UNITED STATES v. FAY

No. 145, Docket 29947.

360 F.2d 389 (1966)

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

United States Court of Appeals Second Circuit.

Decided April 29, 1966.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellee.

Barry Mahoney, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

LUMBARD, Chief Judge.

The principal question for decision is whether the use of Christopher Romano's post-indictment statements made to a police officer and to an assistant district attorney so infected his 1953 New York trial and conviction with federal constitutional error that habeas corpus relief is warranted. The District Court for the Southern District of New York, Murphy, J., granted the writ and directed Romano's discharge or a prompt retrial. We reverse and...

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