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UNITED STATES EX REL. CERULLO v. FOLLETTE

No. 635, Docket 33381.

416 F.2d 156 (1969)

UNITED STATES of America ex rel. Vincent CERULLO, Petitioner-Appellee, v. Hon. Harold W. FOLLETTE, as Warden of Green Haven Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided October 2, 1969.

Attorney(s) appearing for the Case

J. Kenneth O'Connor, New York City, for appellee.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Brenda Soloff, Asst. Atty. Gen., of counsel), for appellant.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and WYATT, District Judge.

WYATT, District Judge:

The Warden of Green Haven Prison appeals from an order of Judge Tyler granting an application of Vincent Cerullo for a writ of habeas corpus. Cerullo is serving a sentence for first degree robbery and other offenses imposed after a jury verdict in a trial in the New York Supreme Court for Nassau County. A co-defendant at the trial, Carmine Moccio, was convicted of the same offenses.

There have been extensive proceedings in the state...

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