UNITED STATES v. FAY

No. 125, Docket 29953.

356 F.2d 460 (1966)

UNITED STATES of America ex rel. Joseph COFFEY, Relator-Appellant, v. Hon. Edward M. FAY, as Warden, Green Haven Prison, Stormville, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 24, 1966.


Attorney(s) appearing for the Case

Alfred I. Rosner and Martin B. Rosner, New York City, for relator-appellant.

Joel Lewittes, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Michael H. Rauch, Deputy Asst. Atty. Gen., for respondent-appellee.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.


PER CURIAM.

Petitioner was tried by a jury in the New York state courts, convicted of burglary in the third degree, and sentenced to six to ten years in prison. After numerous appeals his conviction was affirmed by the New York Court of Appeals and certiorari to the United States Supreme Court was denied. Having exhausted all state remedies available to him, petitioner next petitioned the United States District Court for the Southern District of New York for habeas...

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