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UNITED STATES v. FOLLETTE

No. 263, Docket 29822.

371 F.2d 426 (1967)

UNITED STATES ex rel. Edward SUAREZ, Appellant, v. Hon. Harold W. FOLLETTE (successor to Hon. Edward M. Fay), Warden of Green Haven Prison, Stormville, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided January 10, 1967.

Attorney(s) appearing for the Case

Harrison J. Goldin, New York City, for appellant.

Barry Mahoney, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM:

Edward Suarez, convicted by a New York jury of possession of burglary tools (New York Penal Law, McKinney's Consol.Laws, c. 40, § 408), possession of narcotics (New York Penal Law, § 1751), and bribery of a police officer (New York Penal Law, § 378), appeals from an order of the District Court denying, without a hearing, his petition for a writ of habeas corpus.

On the evening of September...

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