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UNITED STATES EX REL. AGRON v. HEROLD

No. 580, Docket 33608.

426 F.2d 125 (1970)

UNITED STATES ex rel. Salvador AGRON, Petitioner-Appellant, v. Ross E. HEROLD, M.D., Director of Dannemora State Hospital, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 30, 1970.

Attorney(s) appearing for the Case

Francis P. Clarke, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

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

Before LUMBARD and HAYS, Circuit Judges, and BLUMENFELD, District Judge.

HAYS, Circuit Judge:

I.

In 1960 Salvador Agron was convicted after a jury trial in the former Court of General Sessions, New York County, of two counts of murder in the first degree and one count of attempted murder in the first degree. The conviction was affirmed by the New York Court of Appeals, People v. Agron, 10 N.Y.2d 130, 218 N.Y.S.2d 625, 176 N.E.2d 556, cert. denied,...

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