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UNITED STATES EX REL. CADOGAN v. LaVALLEE

No. 738, Docket 34234.

428 F.2d 165 (1970)

UNITED STATES of America ex rel. William CADOGAN, Petitioner-Appellee, v. Hon. J. Edwin LaVALLEE, as Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 5, 1970.

Attorney(s) appearing for the Case

Amy Juviler, Asst. Atty. Gen. of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of New York, on the brief), for respondent-appellant.

Michael H. Rauch, New York City, for petitioner-appellee.

Before HAYS, ANDERSON and FEINBERG, Circuit Judges.

HAYS, Circuit Judge.

I.

This is an appeal from an order of the United States District Court for the Northern District of New York granting appellee William Cadogan's application for a writ of habeas corpus, setting aside his state court convictions, and ordering the appellant Warden to discharge Cadogan from custody unless the State of New York retries him within 60 days. The execution of the order was stayed pending this appeal.

Before his state...

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