UNITED STATES v. LaVALLEE

No. 304, Docket 30651.

377 F.2d 221 (1967)

UNITED STATES of America ex rel. Guiseppe LO PICCOLO, Petitioner-Appellant, v. Hon. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 5, 1967.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Brenda Soloff, Asst. Atty. Gen., New York City (Amy Juviler, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, on the brief), for respondent-appellee.

Before MEDINA, ANDERSON and FEINBERG, Circuit Judges.


MEDINA, Circuit Judge:

On March 4, 1961 the relator and appellant Lo Piccolo had driven by automobile to a street in Manhattan where he expected his mistress to pass. Taking a knife from the car he waited for her and stabbed her to death. They had quarrelled over the fact that the mistress had left him and had threatened to return to the Dominican Republic with their child. At the time of his arrest relator made a full confession. After his indictment for first degree...

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