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UNITED STATES v. MANCUSI

No. 505, Docket 30931.

393 F.2d 482 (1968)

UNITED STATES of America ex rel. Odell MORTON, Jr., Relator-Appellee, v. The Hon. Vincent R. MANCUSI, Warden of Attica Prison, Attica, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Resubmitted April 10, 1968.

Decided April 24, 1968.

Attorney(s) appearing for the Case

Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, Amy Juviler, Barry Mahoney, Asst. Attys. Gen., of counsel), for respondent-appellant.

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, of counsel), for relator-appellee.

Before MOORE and HAYS, Circuit Judges, and ZAVATT, District Judge.

PER CURIAM:

This is an appeal by respondent Warden from a decision and order which sustained a writ of habeas corpus. Appellee was convicted in the Oneida County Court, New York, on December 11, 1963, after a jury trial, of selling narcotics in violation of § 1751(1) of the then effective New York Penal Law, McKinney's Consol.Laws, c. 40. He was sentenced to a term of 5-10 years' imprisonment; his conviction was unanimously affirmed by the Appellate Division...

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