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UNITED STATES EX REL. WALKER v. FOLLETTE

No. 461, Docket 35099.

443 F.2d 167 (1971)

UNITED STATES of America ex rel. Matthew WALKER, Petitioner-Appellant, v. Hon. Harold W. FOLLETTE, Warden of Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 25, 1971.

Attorney(s) appearing for the Case

Harvey Kurzweil, New York City, for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen., State of N. Y. (Louis J. Lefkowitz, Atty. Gen., 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 is serving a sentence of 15 to 35 years imposed upon him by the County Court of Suffolk County, New York, upon his conviction in 1963 of the crimes of rape, attempted robbery, grand larceny and possession and use of a dangerous weapon. In November 1969 he filed a petition for a writ of habeas corpus in the District Court for the Southern District of New York claiming that his right to a fair trial guaranteed...

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