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UNITED STATES EX REL. DUFF v. ZELKER

No. 180, Docket 71-1468.

452 F.2d 1009 (1971)

UNITED STATES ex rel. Robert DUFF, Appellant, v. John ZELKER, Superintendent of Green Haven Correctional Facility, Stormville, New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Susan E. Crandall, New York City (Matthew Muraskin, James J. McDonough, Legal Aid Society of Nassau County, New York City, on the brief), for appellant.

Burton Herman, Asst. Atty. Gen., State of N. Y. (Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee.

Before LUMBARD, HAYS and OAKES, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, denying appellant's petition for a writ of habeas corpus.

The sole issue is whether appellant's sixth amendment right to confront witnesses against him was violated when statements by co-defendants that implicated him in a crime were admitted into evidence. In 1965, appellant and...

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