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UNITED STATES v. FAY

247 F.Supp. 26 (1965)

UNITED STATES of America ex rel. Walter JONES, Petitioner, v. Honorable Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

October 25, 1965.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City; Joshua N. Koplovitz, New York City, of counsel, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, Thomas F. O'Hare, Jr., Deputy Asst. Atty. Gen., of counsel, for respondent.

BONSAL, District Judge.

On May 2, 1938, after a jury trial, petitioner was convicted of robbery second degree, and on May 12, 1938, was sentenced to serve 15 to 30 years as a second offender in the New York Court of General Sessions. On April 11, 1963 petitioner's motion for resentence was granted on the grounds that he was unable to perfect an appeal from his 1938 conviction because he was certified insane on May 17, 1938...

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