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UNITED STATES EX REL. HALL v. CASSCLES

No. 70 Civ. 4601.

321 F.Supp. 673 (1971)

UNITED STATES of America ex rel. Nathaniel HALL, Petitioner, v. Hon. J. Leland CASSCLES, Warden, Respondent.

United States District Court, S. D. New York.

January 5, 1971.

Attorney(s) appearing for the Case

Nathaniel Hall, pro se.

Louis J. Lefkowitz, Atty. Gen. State of N. Y., for respondent, by Arlene R. Silverman, Asst. Atty. Gen., New York City.

MANSFIELD, District Judge.

Petitioner, an inmate at Sing Sing Prison by virtue of a judgment of conviction and sentence imposed after trial by jury in New York County, applies for release on habeas corpus. Petitioner grounds his claim on three different legal theories: (1) the trial court erred in not submitting to the jury the lesser included crimes in the indictment; (2) the trial court and the Appellate Division erred in barring coram nobis as a remedy because...

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