UNITED STATES of America ex rel. Preston SMITH, Relator-Appellant,
v.
Hon. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.
UNITED STATES of America ex rel. Matthew WALKER, Relator-Appellant,
v.
Hon. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued December 13, 1968.
Decided January 13, 1969.
Attorney(s) appearing for the Case
Bernard Ouziel, New York City (Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City), for appellant Smith.
Joshua N. Koplovitz, New York City (Alan A. Levine, New York City, Koplovitz & Fabricant, New York City, of counsel), for appellant Walker.
Hillel Hoffman, Asst. Atty. Gen., of the State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Michael Jaffe, Asst. Atty. Gen., of counsel), for appellee in No. 234.
Michael Jaffe, Asst. Atty. Gen., of the State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Hillel Hoffman, Asst. Atty. Gen., of counsel), for appellee in No. 235.
Before MOORE, SMITH and HAYS, Circuit Judges.
United States Court of Appeals Second Circuit.
HAYS, Circuit Judge:
Petitioners were convicted in 1963 by the County Court of Suffolk County, New York, after a joint trial at which they were represented by the same attorney, of rape in the first degree, attempted robbery in the first degree, grand larceny in the first degree, and carrying and using a dangerous weapon. At the trial the prosecutor read into the record two out-of-court statements, made independently to...
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