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UNITED STATES EX REL. BROWN v. LaVALLEE

No. 317, Docket 33127.

424 F.2d 457 (1970)

UNITED STATES of America ex rel. Roy C. BROWN, Petitioner-Appellee, v. Hon. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 9, 1970.

Attorney(s) appearing for the Case

Gretchen White Oberman, The Legal Aid Society, New York City (Milton Adler and Neal Hurwitz, New York City, on the brief), for appellee.

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and DANAHER and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge:

Under indictment for first degree murder and faced with overwhelming evidence that in March, 1962, he had stabbed to death one Robert Feinberg whom he robbed after going with him to a hotel room for a homosexual assignation, Roy C. Brown pleaded guilty to murder in the second degree and was sentenced to a term of 40 years to life. At the time he was also under indictment for attempted murder arising out of an attack on another man.

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