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UNITED STATES v. FOLLETTE

No. 794, Docket 34279.

448 F.2d 130 (1971)

UNITED STATES of America ex rel. Jose BURGOS, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York 12582, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 3, 1971.

Attorney(s) appearing for the Case

Milton J. Schubin, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, Robert F. Fink, New York City, of counsel), for petitioner-appellant.

Mortimer Sattler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before LUMBARD, SMITH and KAUFMAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from the United States District Court for the Southern District of New York, Edmund L. Palmieri, Judge, from the dismissal without a hearing of a petition for a writ of habeas corpus. We find error and remand for hearing.

Petitioner-appellant, Jose Burgos, was convicted in the former Court of General Sessions of New York County in May, 1962 of murder in the first degree and on June 22, 1962 was sentenced to...

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