UNITED STATES EX REL. MOORE v. FOLLETTE

No. 119, Docket 31588.

425 F.2d 925 (1970)

UNITED STATES of America ex rel. Nathan MOORE, Relator-Appellant, v. Harold W. FOLLETTE, Warden, Greenhaven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 19, 1970.

Certiorari Denied June 15, 1970.


Attorney(s) appearing for the Case

Michael E. Geltner, New York City, for relator-appellant.

Lillian Z. Cohen, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Frank S. Hogan, Dist. Atty., New York County (Michael R. Juviler and Michael R. Stack, Asst. Dist. Attys., of counsel), submitted brief as amicus curiae.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.


Certiorari Denied June 15, 1970. See 90 S.Ct. 2180.

FRIENDLY, Circuit Judge:

Nathan Moore was convicted of the felony murder of Mayme Wright in 1957 after a jury trial in the New York Court of General Sessions; in accordance with the jury's recommendation he was given a life sentence. On appeal he contended that a transcript of a confession, received on defense counsel's explicit statement of no objection after certain passages had been deleted, was involuntary...

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