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UNITED STATES EX REL. CATANZARO v. MANCUSI

Nos. 49, 50, Dockets 31361, 32141.

404 F.2d 296 (1968)

UNITED STATES of America ex rel. Lorenzo CATANZARO, Relator-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 2, 1968.

Attorney(s) appearing for the Case

Edwin L. Gasperini, Gasperini, Koch & Savage, New York City, for appellant.

Joel Lewittes, Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen. of State of New York), for respondent-appellee.

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

HAYS, Circuit Judge:

A New York county grand jury indicted appellant Lorenzo Catanzaro jointly with Warren Hill, Jerry McChesney, and Joseph Lonergan for murder in the first degree. A motion to sever the trial of Lonergan was granted. Lonergan became a prosecution witness. The motions of Catanzaro, Hill and McChesney for severance were denied. They were tried in the Court of General Sessions of the County of New York and convicted. McChesney was sentenced to life...

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