KAPATOS v. UNITED STATES

No. 18, Docket 34638.

432 F.2d 110 (1970)

Thomas KAPATOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 6, 1970.


Attorney(s) appearing for the Case

Patrick M. Wall, New York City (Theodore Rosenberg, Brooklyn, N. Y., of counsel), for petitioner-appellant.

John M. Walker, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, and Peter L. Truebner, Asst. U. S. Atty., of counsel), for respondent-appellee.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.


FRIENDLY, Circuit Judge:

This is an appeal from an order of the District Court for the Southern District of New York denying, without an evidentiary hearing, Kapatos' third petition under 28 U.S.C. § 22551 to vacate his conviction, after trial before Judge Weinfeld and a jury in October 1966, for stealing an interstate shipment of jewelry on November 8, 1963.

The jewelry was in a station wagon bearing six messengers employed...

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