UNITED STATES EX REL. DI GIANGIEMO v. REGAN

No. 158, Docket 75-2094.

528 F.2d 1262 (1975)

UNITED STATES of America ex rel. Leo Anthony DiGIANGIEMO, Petitioner-Appellant, v. Paul J. REGAN, Commissioner, New York State Division of Parole, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 29, 1975.


Attorney(s) appearing for the Case

Theodore Ruthizer, Mineola, N.Y. (Matthew Muraskin, Mineola, N.Y., and Legal Aid Society of Nassau County, of counsel), for petitioner-appellant.

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

Before FRIENDLY, MANSFIELD and TIMBERS, Circuit Judges.


FRIENDLY, Circuit Judge:

This case has been here before, United States ex rel. DiGiangiemo v. Vincent 489 F.2d 1370 (2 Cir. 1974). Since it raises important questions of constitutional law which cannot be understood without detailed knowledge of the prior proceedings and since we cannot improve on Judge Gurfein's statement of what had transpired up to the time of his opinion, we reproduce the pertinent portions as Appendix...

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