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VICTORY v. BOMBARD

No. 260, Docket 77-2075.

570 F.2d 66 (1978)

Albert VICTORY, Petitioner-Appellee, v. Roy BOMBARD, as Superintendent of Greenhaven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 16, 1978.

Attorney(s) appearing for the Case

Henry J. Steinglass, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty. for New York County, Peter L. Zimroth and Mark Dwyer, Asst. Dist. Attys., New York City, of counsel), for respondent-appellant.

Henry Winestine, New York City (William E. Hellerstein, New York City, of counsel), for petitioner-appellee.

Before SMITH, MANSFIELD and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, granting a writ of habeas corpus to a state prisoner on the ground of constitutional error in his conviction for felony murder.

In 1970 Albert Victory was convicted and sentenced for felony murder in the Supreme Court of the State of New York for...

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