UNITED STATES EX REL. RICE v. VINCENT

Nos. 364, 365, Dockets 73-2195, 73-2196.

491 F.2d 1326 (1974)

UNITED STATES ex rel. Robert RICE, Relator-Appellee, v. Leon J. VINCENT, Superintendent, Greenhaven Correctional Facility, Stormville, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 7, 1974.


Attorney(s) appearing for the Case

Lewis M. Steel, New York City (William M. Kunstler, Conrad J. Lynn, and Chester Mirsky, New York City, on the brief), for appellee.

Robert A. Goldschlag, Asst. Dist. Atty., for New York County (Frank S. Hogan, Dist. Atty., New York County; Michael R. Juviler and Lewis R. Friedman, Asst. Dist. Attys., on the brief), for appellant.

Before MEDINA, LUMBARD and TIMBERS, Circuit Judges.


LUMBARD, Circuit Judge:

Leon J. Vincent, the Superintendent of the Greenhaven Correctional Facility of Stormville, New York, appeals from an order entered on July 17, 1973, in the Southern District which granted the petition of Robert Rice, a prisoner in the facility, for a writ of habeas corpus unless the State of New York granted him a new trial within 60 days. Rice was convicted in the Supreme Court for New York County of the crimes of murder in the first degree...

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