UNITED STATES EX REL. GRAHAM v. MANCUSI

No. 378, Docket 71-1513.

457 F.2d 463 (1972)

UNITED STATES ex rel. Burton GRAHAM, Relator-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, and the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1972.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Robert Kasanof, The Legal Aid Society, New York City), for appellant.

Robert S. Hammer, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N.Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City), for appellees.

Before FRIENDLY, Chief Judge, and MOORE and OAKES, Circuit Judges.


FRIENDLY, Chief Judge:

This appeal from the denial of a New York state prisoner's application for habeas corpus by the District Court for the Western District of New York raises the issue whether an appeallate court, having determined that highly material evidence was erroneously received and that relator's conviction for a more serious offense must therefore be reversed, can constitutionally render a judgment of conviction...

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