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UNITED STATES EX REL. SMITH v. FAY

No. 420, Docket 29686.

409 F.2d 564 (1969)

UNITED STATES of America ex rel. Grady SMITH, Petitioner-Appellant, v. Hon. Edward M. FAY, Warden of Green Haven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 12, 1969.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City (Milton Adler, New York City, on the brief), for petitioner-appellant.

Mortimer Sattler, New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, and Samuel A. Hirschowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Grady Smith was convicted in Kings County, New York, after a jury trial, of the crimes of robbery, grand larceny, and assault in 1961, and was sentenced as a third felony offender to a term of from 15 to 20 years. Having exhausted his state remedies, Smith filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York, alleging that his conviction was constitutionally infirm...

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