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UNITED STATES EX REL. FEIN v. DEEGAN

No. 67 Civ. 2514.

298 F.Supp. 359 (1967)

UNITED STATES of America ex rel. Mark FEIN, Relator, v. John T. DEEGAN, as Warden of Sing Sing Prison, State of New York, Respondent.

United States District Court S. D. New York.

October 13, 1967.

Attorney(s) appearing for the Case

Henry Rothblatt, New York City, and F. Lee Bailey, Boston, Mass., for relator Mark Fein.

Frank S. Hogan, Dist. Atty., New York County, New York City, Eric A. Seiff, Asst. Dist. Atty., of counsel.

PALMIERI, District Judge.

This is a petition for a writ of habeas corpus by a state prisoner who was convicted on November 25, 1964, of murder in the second degree in the death of Rubin Markowitz and sentenced on May 26, 1965, to a prison term of thirty years to life. All remedies at the State level have been exhausted by petitioner. The trial court held a hearing of 16 days duration on a motion for a new trial which resulted in a denial of relief. (See opinion of...

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