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UNITED STATES EX REL. VANDERHORST v. LAVALLEE

No. 101, Docket 32499.

417 F.2d 411 (1969)

UNITED STATES of America ex rel. LeRoy VANDERHORST, Relator-Appellee, v. Hon. J. Edwin LAVALLEE, as Warden of Auburn State Prison, Auburn, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided October 10, 1969.

Attorney(s) appearing for the Case

William E. Hellerstein, New York City, for relator-appellee.

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

Before LUMBARD, Chief Judge, and WATERMAN, MOORE FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to the Court in banc August 11, 1969.

ANDERSON, Circuit Judge (with whom Judges WATERMAN, SMITH, KAUFMAN and FEINBERG concur):

The judgment of the District Court is affirmed on the opinion of Judge Frankel, reported at 285 F.Supp. 233. We add only these few comments.

This case does not raise the issue of whether a defendant who fails to preserve an objection...

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