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UNITED STATES EX REL. LaFAY v. FRITZ

No. 75, Docket 71-1559.

455 F.2d 297 (1972)

UNITED STATES of America ex rel. Fred LaFAY, Petitioner-Appellee, v. Hon. Harry FRITZ, Superintendent of Auburn Correctional Facility, Auburn, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1972.

Attorney(s) appearing for the Case

Burton Herman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Kenneth Weiss, Legal Aid Society of Nassau County, Mineola, N. Y. (James J. McDonough, Atty. in Charge of Legal Aid Society of Nassau County, and Mathew Muraskin, Mineola, N. Y., of counsel), for petitioner-appellee.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

MOORE, Circuit Judge:

The State of New York (the State) (representing Hon. Harry Fritz, respondent-appellant), appeals from an order of the United States District Court for the Eastern District of New York, granting a writ of habeas corpus and setting aside the conviction in the Nassau County Court of Fred LaFay, the petitioner-appellee (LaFay). The conviction was based upon LaFay's plea of guilty to the crimes of burglary in the third degree and attempted grand larceny...

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