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UNITED STATES v. ROBERTS

No. 235, Docket 31736.

388 F.2d 646 (1968)

UNITED STATES of America, Appellee, v. Rohalia ROBERTS, Appellant.

United States Court of Appeals Second Circuit.

Decided January 4, 1968.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on the brief), for appellant.

Douglas S. Liebhafsky, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York; Pierre N. Leval, Asst. U. S. Atty., on the brief), for appellee.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

This case raises the narrow question whether an evidentiary hearing should have been held on a motion for a new trial. Rohalia Roberts appeals from an order of the United States District Court for the Southern District of New York, John M. Cannella, J., denying without an evidentiary hearing appellant's motion for a new trial. For reasons given below, we hold that there should have been a hearing. Accordingly, we remand for that purpose.<...

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