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UNITED STATES EX REL. FIGUEROA v. McMANN

No. 547, Docket 33198.

411 F.2d 915 (1969)

UNITED STATES of America ex rel. Raymond FIGUEROA, Petitioner-Appellant, v. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 3, 1969.

Attorney(s) appearing for the Case

Donald E. Nawi, New York City, for appellant.

Joel H. Sachs, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, on the brief), for appellee.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and WYATT, District Judge.

PER CURIAM:

Appellant was indicted for first degree murder in 1962. After pleading not guilty by reason of insanity, he was committed to Bellevue Hospital for psychiatric observation. The hospital's report indicated that the appellant had a previous history of confinement in a mental hospital, that he had a "sociopathic personality with aggressive features and borderline intelligence," but that he was sufficiently sane to stand trial. In February 1963, the appellant...

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