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UNITED STATES v. McMANN

Nos. 375-376, Dockets 31805-31806.

394 F.2d 402 (1968)

UNITED STATES ex rel. David M. LEVY, Relator-Appellant, v. Hon. Daniel McMANN, as Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee. UNITED STATES ex rel. Louis D'ANTONIO, Relator-Appellant, v. Hon. Harold W. FOLLETTE, as Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 9, 1968.

Attorney(s) appearing for the Case

Peter Lushing, New York City, for relators-appellants.

Michael Rauch, New York City, (Louis J. Lefkowitz, Atty. Gen., of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Maria L. Marcus, New York City, of counsel), for respondents-appellees.

Before MOORE, WOODBURY and SMITH, Circuit Judges.

MOORE, Circuit Judge:

Appellants Levy and D'Antonio, codefendants, were convicted in the New York Supreme Court of kidnapping, robbery and possession of a pistol. The Appellate Division affirmed. People v. Levy, 20 A.D.2d 518, 244 N.Y.S.2d 497 (1963). The Court of Appeals modified the judgment by reversing the kidnapping conviction but affirming the other counts. People v. Levy, 15 N.Y.2d 159...

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