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UNITED STATES EX REL. LEAK v. FOLLETTE

No. 159, Docket 33290.

418 F.2d 1266 (1969)

UNITED STATES of America ex rel. James LEAK, Relator-Appellant, v. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 17, 1969.

Attorney(s) appearing for the Case

Barton R. Sadowsky, Asst. Atty. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Stephen M. Rathkopf, Brooklyn, for relator-appellant.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge.

Petitioner James Leak and a codefendant, Willie Joyner, were charged in a New York court with having accosted Juan Laureano Alamo in the hallway of his residence in the Bronx, forcing him to the roof of the building at gunpoint, robbing him of his wallet, and then compelling him to admit them to his apartment whence they fled after finding nothing of value. At the trial Alamo identified Leak and...

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