UNITED STATES v. FAY


242 F.Supp. 382 (1965)

UNITED STATES of America ex rel. Joseph COFFEY, Relator, v. Hon. Edward M. FAY, as Warden, Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

June 16, 1965.


Attorney(s) appearing for the Case

Alfred I. Rosner, Martin B. Rosner, New York City, for relator.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for respondent, Joel Lewittes, Asst. Atty. Gen., Michael H. Rauch, Deputy Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

On his application for a Federal writ of habeas corpus, this Court held that petitioner had been denied fundamental fairness when the prosecution was permitted by the state court to withhold the identity of an informant, admittedly not of previous known reliability. The informant allegedly had furnished an FBI agent, Gilhofer, with information and also had permitted the agent to overhear a telephone conversation between him (the informant...

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