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UNITED STATES v. FOLLETTE

No. 424, Docket 32016.

393 F.2d 879 (1968)

UNITED STATES of America ex rel. Vincent CERULLO, Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Appellee.

United States Court of Appeals Second Circuit.

Decided May 8, 1968.

Attorney(s) appearing for the Case

J. Kenneth O'Connor, New York City, for appellant.

Jules E. Orenstein, Asst. Dist. Atty. of Nassau County (Louis J. Lefkowitz, Atty. Gen. of State of New York, William Cahn, Dist. Atty. of Nassau County, on the brief), for appellee.

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

LUMBARD, Chief Judge:

Vincent Cerullo appeals from the denial of a writ of habeas corpus following a limited supplemental hearing in the district court. We find that there should be a more complete development of the material facts. Accordingly, we vacate the order of the district court and remand for a full hearing of the relator's claims.

Cerullo is presently incarcerated in Green Haven Prison, serving a 15 to 30 year sentence for first degree robbery, first...

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