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UNITED STATES EX REL. PRESTON v. MANCUSI

No. 385, Docket 32831.

422 F.2d 940 (1970)

UNITED STATES of America ex rel. David PRESTON, Appellant, v. The Hon. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 3, 1970.

Attorney(s) appearing for the Case

Edward T. Chase, New York City (Milton Adler, The Legal Aid Society, New York City, on the brief), for appellant.

Mortimer Sattler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Joel Lewittes, Asst. Atty. Gen., on the brief), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order by Judge George Rosling of the District Court for the Eastern District of New York, denying, without a hearing, appellant's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Appellant contends the district judge should have held an evidentiary hearing on his claim that his confessions, which were used in obtaining his conviction in a New York state criminal trial, were involuntary...

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