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UNITED STATES v. FAY

183 F.Supp. 222 (1960)

UNITED STATES of America ex rel. Charles NOIA, Relator, v. Edward M. FAY, as Warden of Green-haven Prison, State of New York, Respondent.

United States District Court S. D. New York.

On the Merits April 8, 1960.

Attorney(s) appearing for the Case

Maurice Edelbaum, New York City, for relator.

Edward S. Silver, Dist. Atty., Kings County, Brooklyn, N. Y., William I. Siegel, Asst. Dist. Atty., Brooklyn, N. Y., of counsel, for respondent.

CASHIN, District Judge.

This is an application for a writ of habeas corpus by a State court prisoner. The relator, through his attorney, alleges that he has been deprived of his constitutional rights because he has been convicted on the basis of a coerced confession.

It is conceded that the relator did not appeal the judgment of conviction and that a subsequent petition for a writ of error coram nobis, although granted by the County Court of Kings County...

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