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UNITED STATES EX REL. WILSON v. McMANN

Nos. 335, 343, Dockets 31934, 31935.

408 F.2d 896 (1969)

UNITED STATES of America ex rel. Kelly WILSON, Petitioner-Appellant, v. The Hon. Daniel McMANN, Warden, Clinton State Prison, Dannemora, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 14, 1969.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City, (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Robert S. Hammer, Asst. Atty. Gen., New York City, (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, on the brief), for respondent-appellee.

Before MEDINA, WATERMAN and KAUFMAN, Circuit Judges.

MEDINA, Circuit Judge:

These habeas corpus proceedings brought by Kelly Wilson, a New York State prisoner, after his conviction of a narcotics violation, present a very narrow issue.

There had been a previous trial that resulted in a hung jury. The principal witness to the sale of the narcotics by Wilson was Detective Pasquale Russo, the under-cover man who made the alleged purchase, and he was corroborated to a considerable degree by three other prosecution...

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