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UNITED STATES EX REL. BRUNO v. HEROLD

No. 176, Docket 31673.

408 F.2d 125 (1969)

UNITED STATES of America ex rel. Anthony BRUNO, Petitioner-Appellee, v. Ross E. HEROLD, M.D., Director of Dannemora State Hospital, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided February 14, 1969.

Attorney(s) appearing for the Case

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

F. Redmond Griffin, Troy, N. Y. (Smith, Pattison, Sampson & Jones, Troy, N. Y.), for petitioner-appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

In September, 1947, petitioner was tried before a jury in the Kings County Court, New York; he was found guilty of robbery, grand larceny, and assault. The judgment of conviction was affirmed. People v. Bruno, 273 A.D. 977, 79 N.Y.S.2d 328 (1948). In 1963, petitioner applied to the New York Courts for a writ of coram nobis. He alleged, for the first time, that he had been deprived of his constitutional right to a public trial in 1947....

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