UNITED STATES EX REL. EVANS v. LaVALLEE

No. 428, Docket 33306.

446 F.2d 782 (1971)

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

United States Court of Appeals, Second Circuit.

Decided July 13, 1971.


Attorney(s) appearing for the Case

Robert Hermann, New York City (Milton Adler, The Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Brenda Soloff, Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen. of State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY, Chief Judge, WATERMAN, Circuit Judge, and McLEAN, District Judge.


McLEAN, District Judge:

Petitioner is a state prisoner who was convicted by a jury verdict on March 23, 1962, in the Court of General Sessions, New York County, of the crimes of sodomy, assault with intent to commit sodomy, and robbery in the first degree. In April 1968 he applied to the District Court for the Northern District of New York for a writ of habeas corpus. He claimed that both at the time of the commission of the crimes and at the time of trial he was...

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