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UNITED STATES v. FAY

223 F.Supp. 629 (1963)

UNITED STATES of America ex rel. Warren J. PRIESTER, Relator, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York and the Department of Correction, Respondents.

United States District Court S. D. New York.

November 20, 1963.

Attorney(s) appearing for the Case

Warren J. Priester, Brooklyn, N. Y., pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, Vincent A. Marsicano, Asst. Atty. Gen., of counsel, for respondents.

WEINFELD, District Judge.

The petitioner, after serving a substantial portion of a sentence of seven and a half to twenty years, which was imposed following his conviction by a jury of assault in the first degree, assault in the second degree and violation of section 1897 of the New York State Penal Law, McKinney's Consol. Laws, seeks the vacatur of the judgment of conviction on the ground that it was the result of an "extorted confession."1

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