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UNITED STATES EX REL. NELSON v. FOLLETTE

No. 807, Docket 34282.

430 F.2d 1055 (1970)

UNITED STATES of America ex rel. Alvin NELSON, Petitioner-Appellant, v. Harold FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 27, 1970.

Attorney(s) appearing for the Case

John A. Keeffe, New York City (McMahon, Keeffe & Costikyan, New York City, of counsel), for petitioner-appellant

Brenda Soloff, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Alvin Nelson appeals from an order of the United States District Court for the Southern District of New York denying his application for a writ of habeas corpus.

Appellant and one Isiah Biggins (indicted as Isiah Pitman) were jointly tried and convicted in Supreme Court, New York County, State of New York, of murder in the first degree, for the felony murder of Anthony Merlo during the course of the robbery of his bar, the Uptown Bar and...

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