OLSHEN v. McMANN

No. 398, Docket 29385.

378 F.2d 993 (1967)

Isadore OLSHEN, Petitioner-Appellant, v. Daniel McMANN, as Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 9, 1967.


Attorney(s) appearing for the Case

Nathan Kestnbaum, New York City, for petitioner-appellant.

Barry Mahoney, Norman M. Beck, Asst. Attys. Gen., Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., for respondent-appellee.

Before WATERMAN, FRIENDLY and ANDERSON, Circuit Judges.


WATERMAN, Circuit Judge.

This is an appeal by an incarcerated New York State prisoner from the dismissal by Judge Port of the United States District Court for the Northern District of New York of his petition for a writ of habeas corpus. Thirteen years after his 1948 conviction for attempted robbery had been affirmed, People v. Olshen, 276 App.Div. 781, 93 N.Y.S.2d 300 (2d Dept. 1949) appellant sought a writ of error coram nobis from the Kings County Court...

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