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UNITED STATES v. LaVALLEE

No. 199, Docket 30240.

373 F.2d 49 (1967)

UNITED STATES of America ex rel. Louis ROBERTS, Petitioner-Appellant, v. Hon. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 7, 1967.

Rehearing and Rehearing Denied March 10, 1967.

Attorney(s) appearing for the Case

Warren H. Greene, Jr., New York City, for petitioner-appellant.

Michael H. Rauch, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and MEDINA and KAUFMAN, Circuit Judges.

Rehearing and Rehearing in banc Denied March 10, 1967.

LUMBARD, Chief Judge:

Louis Roberts appeals from the denial of a writ of habeas corpus by the Northern District of New York for which he petitioned on the ground that his 1962 conviction in the Queens County Court for robbery, grand larceny, and assault should be nullified because he did not have at his trial a free transcript of the preliminary hearing before the magistrate, otherwise obtainable upon...

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