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UNITED STATES EX REL. CRUZ v. LaVALLEE

No. 373, Docket 32124.

448 F.2d 671 (1971)

UNITED STATES of America ex rel. Juan CRUZ, Appellant, v. J. Edwin LaVALLEE, Warden, Auburn State Prison, Auburn, New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided September 13, 1971.

Attorney(s) appearing for the Case

Thomas R. Esposito, New York City (The Legal Aid Society and Harry C. Batchelder, Jr., New York City, on the brief), for appellant.

Joel Lewittes, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Iris Steel, Asst. Atty. Gen., on the brief), for appellee.

Before LUMBARD and FEINBERG, Circuit Judges, and CLARIE, District Judge.

LUMBARD, Circuit Judge:

This case raises fundamental and important problems dealing with whether failure to object to a coerced confession in a New York state court trial, held prior to Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), precludes the prisoner from raising the issue in federal habeas corpus proceedings and having a hearing on the voluntariness of his confession...

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