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UNITED STATES v. FAY

211 F.Supp. 359 (1962)

UNITED STATES of America ex rel. Samuel Tito WILLIAMS, Petitioner, v. Edwin M. FAY, Warden of Greenhaven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

November 8, 1962.

Attorney(s) appearing for the Case

Petitioner submitted on papers and record.

Edward S. Silver, Dist. Atty., Kings County, William I. Siegel, Asst. Dist. Atty., affiant, submitted affidavit in opposition for State of New York.

DAWSON, District Judge.

This is a petition for a writ of habeas corpus arising out of a conviction of first degree murder in the State of New York. The petitioner was found guilty of felony murder by a jury on January 22, 1948 in the County Court of Kings County. Sentence was imposed on March 2, 1948 by County Court Judge Goldstein who had presided at the trial. Based upon probation department reports which disclosed a criminal background, Judge Goldstein rejected...

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