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UNITED STATES EX REL. MARTINEZ v. THOMAS

No. 97, Docket 75-2066.

526 F.2d 750 (1975)

UNITED STATES ex rel. Francisco MARTINEZ, a/k/a Tony Cruz, Petitioner-Appellant, v. Warden James A. THOMAS, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 8, 1975.

Attorney(s) appearing for the Case

Douglas S. Eakeley, New York City (Debevoise, Plimpton, Lyons & Gates, New York City, of counsel), for petitioner-appellant.

Ralph L. McMurry, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FRIENDLY, TIMBERS and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

A New York State prisoner, Francisco Martinez, appeals from the denial of his petition for a writ of habeas corpus by the District Court for the Southern District of New York (Tyler, Judge) after an evidentiary hearing.

I

Martinez was arrested on February 15, 1966 for allegedly participating in an attempted robbery and assault committed six weeks earlier. The trial, which he conducted pro se in circumstances...

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