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UNITED STATES EX REL. KEELEY v. McMANN

No. 386, Docket 32374.

425 F.2d 1067 (1970)

UNITED STATES ex rel. Joseph T. KEELEY, Appellant, v. The Honorable David McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided January 2, 1970.

Certiorari Denied May 18, 1970.

Attorney(s) appearing for the Case

Daniel J. O'Neill, New York City, for appellant.

Steven M. Hochberg, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Albany, New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

Certiorari Denied May 18, 1970. See 90 S.Ct. 1703.

PER CURIAM:

Joseph T. Keeley, convicted of second degree burglary after a jury trial in Nassau County, New York, appeals from the denial of his petition for habeas corpus by the District Court for the Eastern District of New York. We affirm.

Attracted by the ringing of the burglar alarm at a gas station at an early morning hour, Patrolman Guzzo observed a man inside, apparently wearing a white sweater...

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