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UNITED STATES EX REL. LaBELLE v. MANCUSI

No. 209, Docket 31404.

404 F.2d 690 (1968)

UNITED STATES of America ex rel. Edward F. LaBELLE, Petitioner-Appellant, v. Hon. Vincent MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 3, 1968.

Attorney(s) appearing for the Case

Jeffrey A. Barist, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Lillian B. Cohen, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Brenda Soloff, Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and RYAN, District Judge.

LUMBARD, Chief Judge:

The petitioner, Edward F. LaBelle, confined to Attica State Prison following his conviction in Rensselaer County Court for a rape and murder committed on November 28, 1963, appeals from the denial of his petition for a writ of habeas corpus by the District Court for the Western District of New York. The recent decision of the Supreme Court in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476...

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