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UNITED STATES EX REL. ROSEN v. FOLLETTE

No. 534, Docket 32264.

409 F.2d 1042 (1969)

UNITED STATES of America ex rel. Oscar Leon ROSEN, Relator-Appellant, v. The Hon. Harold W. FOLLETTE, Warden of Greenhaven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 26, 1969.

Attorney(s) appearing for the Case

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

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

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

Submitted to the Court in banc October 17, 1968.

J. JOSEPH SMITH, Circuit Judge (with whom WATERMAN, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges, concur):

Relator-appellant was convicted in the New York County Court for Nassau County on a plea of guilty to attempted burglary, third degree, following the selection of a jury, the start of trial and denial of a motion to suppress a confession as involuntary. He was sentenced to imprisonment for 2½...

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