UNITED STATES v. FOLLETTE

No. 512, Docket 31399.

379 F.2d 846 (1967)

UNITED STATES ex rel. Alfred SCHNITZLER, Petitioner-Appellee, v. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided July 14, 1967.


Attorney(s) appearing for the Case

Aaron J. Jaffe, New York City, for appellee.

Michael Rauch, Asst. Atty. Gen., (Louis J. Lefkowitz, Atty. Gen., of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellant.

Before HAYS and FEINBERG, Circuit Judges, and McLEAN, District Judge.


HAYS, Circuit Judge:

This is an appeal from an order of the district court granting petitioner a writ of habeas corpus and ordering his discharge from custody unless, within thirty days, steps are taken to retry him.

Petitioner is serving a sentence of five to fifteen years in the Green Haven State Prison upon conviction in the New York State Supreme Court, Queens County, of a charge of felonious possession of narcotics with intent to sell. The judgment of...

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