UNITED STATES v. McMANN

No. 301, Docket 30605.

373 F.2d 759 (1967)

UNITED STATES of America ex rel. Fred DeLUCIA and Salvator Montella, Appellants, v. Daniel McMANN, Warden of Clinton Prison of the State of New York at Dannemora, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided March 7, 1967.


Attorney(s) appearing for the Case

William Sonenshine, Evseroff, Newman & Sonenshine, Brooklyn, N. Y., for appellants.

Brenda Soloff, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., for appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.


WATERMAN, Circuit Judge:

State prisoners DeLucia and Montella appeal from an order of the United States District Court for the Northern District of New York denying without a hearing their joint application for a writ of habeas corpus.

After a jury trial appellants were convicted in the New York Supreme Court for Queens County of an attempted burglary in the third degree and of possession of burglar's instruments. Information of jury misconduct, an unauthorized...

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