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UNITED STATES EX REL. SMITH v. McMANN

No. 336, Docket No. 32609.

417 F.2d 648 (1969)

UNITED STATES of America ex rel. Joel SMITH, Appellant, v. The Hon. Daniel McMANN, Warden of the Auburn State Prison, Auburn, New York, Appellee.

United States Court of Appeals Second Circuit.

Submitted October 9, 1969.

Decided October 10, 1969.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Michael Jaffe, Asst. Atty. Gen., New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen. and Louis J. Lefkowitz, Atty Gen., of New York, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, MEDINA, Senior Circuit Judge, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to the in banc Court October 9, 1969.

MEDINA, Senior Circuit Judge (with whom Judges Smith, Kaufman, Hays, Anderson and Feinberg concur):

Joel Smith, a New York State prisoner, was convicted in the former New York County Court, Kings County, of manslaughter in the first degree. On October 28, 1959, he was sentenced to a term of imprisonment of from 10 to 20 years. He filed no notice of appeal. At the time of trial he was 16 years old and was represented...

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