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UNITED STATES EX REL. ROSE v. LaVALLEE

No. 113, Docket 72-1619.

468 F.2d 1288 (1972)

UNITED STATES of America ex rel. Pasquale DELLE ROSE, Petitioner-Appellee, v. J. Edwin LaVALLEE, Superintendent of Clinton Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 27, 1972.

Attorney(s) appearing for the Case

Allan L. Blumstein, New York City, for petitioner-appellee.

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Irving Galt, Asst. Atty. Gen., of counsel), for respondent-appellant.

Before FRIENDLY, Chief Judge, and LUMBARD and FEINBERG, Circuit Judges.

FRIENDLY, Chief Judge:

We agree with the district judge that "This is a troublesome case." The State of New York asks us to reverse an order of the District Court for the Southern District of New York, 342 F.Supp. 567, directing the release of Pasquale Delle Rose, sentenced to life imprisonment in 1964 for the premeditated murder of his wife, unless he is promptly retried without use of two confessions which the district court...

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