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UNITED STATES v. FAY

No. 484, Docket 28837.

336 F.2d 272 (1964)

UNITED STATES of America ex rel. Nicholas J. MARINACCIO, Relator-Appellant, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 31, 1964.

Attorney(s) appearing for the Case

Scott E. Bohon, New York City (John J. McAvoy, New York City, of counsel), for relator-appellant.

John DeWitt Gregory, Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen., Philip Kahaner, Asst. Atty. Gen., and Brenda Soloff, Deputy Asst. Atty. Gen., of counsel), for respondent-appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of New York which denied, without a hearing, appellant's pro se petition for a writ of habeas corpus. The district judge granted a certificate of probable cause and assigned counsel to prosecute the appeal.

During his apprehension by detectives of the New York City Police Force on August 4, 1947, appellant, then seventeen years old, was...

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