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UNITED STATES EX REL. WITT v. LaVALLEE

No. 268, Docket 32090.

424 F.2d 421 (1970)

UNITED STATES of America ex rel. Samuel WITT, Appellant, v. The Hon. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, N. Y., Appellee.

United States Court of Appeals, Second Circuit.

Decided April 7, 1970.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, Anthony F. Marra, New York City, for appellant.

Robert S. Hammer, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., for appellee.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to In Banc Court October 9, 1969.*

WATERMAN, Circuit Judge:

The New York state courts and the court below held that the habeas corpus petitioner in this case, Samuel Witt, lost his appellate rights in the state courts when he failed timely to appeal his conviction after a jury trial in which he had been represented from arraignment to sentence by an assigned counsel. Petitioner...

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