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UNITED STATES EX REL. SMITH v. MONTANYE

No. 349, Docket 74-2158.

505 F.2d 1355 (1974)

UNITED STATES of America ex rel. Joel SMITH, Petitioner-Appellee, v. Ernest L. MONTANYE, Superintendent of Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 8, 1974.

Attorney(s) appearing for the Case

William Epstein, New York City, (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, on the brief), for petitioner-appellee.

Barbara Ann Shore, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, on the brief, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellant.

Before HAYS, ANDERSON and MANSFIELD, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York granting petitioner's application for a writ of habeas corpus. The district court concluded that petitioner had been denied fundamental due process during his trial in the state court both because of the instructions under which the case was submitted to the jury, and because of the admission into evidence of statements made by a codefendant...

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