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UNITED STATES EX REL. FELDT v. FOLLETTE

No. 68 Civ. 4250.

298 F.Supp. 1298 (1969)

UNITED STATES of America ex rel. Robert George FELDT, Petitioner, v. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

April 25, 1969.

Attorney(s) appearing for the Case

Robert George Feld, pro se.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for respondent; Michael Jaffe, Asst. Atty. Gen., New York City, of counsel.

EDWARD WEINFELD, District Judge.

Petitioner, currently serving a fifteen to twenty year sentence at the Green Haven state prison following his conviction after trial to a jury on charges of first degree rape, second degree assault and first degree sodomy, seeks his release upon a writ of habeas corpus. He alleges that he was deprived of a fair trial by (1) unnecessary references to his race and that of his codefendant; (2) inflammatory and prejudicial remarks of the...

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