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UNITED STATES EX REL. MONTGOMERY v. MANCUSI

No. 71 Civ. 3819.

338 F.Supp. 1247 (1972)

UNITED STATES of America ex rel. Samuel MONTGOMERY, Petitioner, v. Hon. Vincent R. MANCUSI, Superintendent, Attica Correctional Facility, Stormville, New York, Respondent.

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

February 7, 1972.

Attorney(s) appearing for the Case

Robert Kasanof, Legal Aid Society, New York City, for petitioner; Julia P. Heit, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for respondent by Joel Lewittes, Iris A. Steel, Asst. Attys. Gen., of counsel.

OPINION

BONSAL, District Judge.

Petitioner, Samuel Montgomery, presently incarcerated in the New York State Correctional Facility at Attica, New York, seeks a writ of habeas corpus releasing him from confinement on the ground that certain statements taken from him following his arrest, which were used at his murder trial, were involuntary and taken in violation of his Federal constitutional rights.

On August 2, 1957 at about 11:00 P.M. on Prospect...

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