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UNITED STATES v. FOLLETTE

No. 39, Docket 29689.

367 F.2d 559 (1966)

UNITED STATES of America, ex rel. Vito RIZZI, Petitioner-Appellant, v. Hon. Harold W. FOLLETTE (Successor to Hon. Edward M. Fay), Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 24, 1966.

Attorney(s) appearing for the Case

Anthony F. Marra, Joshua N. Koplovitz, New York City, for petitioner-appellant.

Brenda Soloff, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., for respondent-appellee.

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

WATERMAN, Circuit Judge.

Appellant was convicted of murder in the first degree in the New York County Court of General Sessions in 1945 and was sentenced to life imprisonment. The conviction was affirmed by the Appellate Division, First Department, 270 App. Div. 832, 61 N.Y.S.2d 607 (1946) and the Court of Appeals, 297 N.Y. 874, 79 N.E.2d 274 (1948). In 1960 Rizzi brought a coram nobis proceeding in General Sessions...

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