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UNITED STATES v. FOLLETTE

No. 66 Civ. 4459.

269 F.Supp. 7 (1967)

UNITED STATES of America ex rel. Nicholas ALBERTI, Petitioner, v. Hon. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

May 25, 1967.

Attorney(s) appearing for the Case

Nicholas Alberti, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Michael H. Rauch, Asst. Atty. Gen., of counsel.

WEINFELD, District Judge.

Petitioner, imprisoned under a state judgment of conviction for a felony conspiracy,1 seeks his release upon a federal writ of habeas corpus upon the ground that his Fourth, Fifth and Fourteenth Amendment rights were violated by the admission in evidence of (1) a post-arrest statement by petitioner containing inculpatory admissions which he charges was coerced, and (2) a tape recording of a conversation between...

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