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WELCOME v. VINCENT

No. 519, Docket 76-2126.

549 F.2d 853 (1977)

Ernest WELCOME, Petitioner-Appellant, v. Leon J. VINCENT, Superintendent, Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 2, 1977.

Attorney(s) appearing for the Case

Julia P. Heit, New York City, for petitioner-appellant.

Joseph W. Henneberry, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., New York City, of counsel), for respondent-appellee.

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

OAKES, Circuit Judge:

This appeal presents the question whether appellant was deprived of his due process right to a fair trial when the trial court refused to permit his counsel to question a defense witness regarding his confession to the same crimes for which appellant and his two codefendants were on trial. We answer the question in the affirmative and reverse the judgment of the United States District Court for the Southern District of New York, Edward Weinfeld...

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