UNITED STATES EX REL. JOSEPH v. LaVALLEE

No. 475, Docket 32950.

415 F.2d 150 (1969)

UNITED STATES of America ex rel. Charles JOSEPH, Petitioner-Appellee, v. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided August 7, 1969.


Attorney(s) appearing for the Case

Amy Juviler, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, and Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, on the brief), for appellant.

Philip E. McCarthy, New York City, (Simpson, Thacher & Bartlett, New York City, on the brief), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.


MOORE, Circuit Judge:

Respondent appeals from an order of the United States District Court for the Northern District of New York, Foley, Chief Judge, sustaining the application of petitioner Charles Joseph for a writ of habeas corpus. We reverse for reasons hereinafter stated.

On June 2, 1965, Joseph and co-defendant Henry Swine were charged by indictment in the Supreme Court, Bronx County, with robbery in the first degree, burglary in the second degree, assault...

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