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UNITED STATES EX REL. RICE v. VINCENT

No. 73 Civ. 177.

361 F.Supp. 843 (1973)

UNITED STATES of America ex rel. Robert RICE, Relator, v. Leon J. VINCENT, Superintendent, Greenhaven Correctional Facility, Stormville, New York, Respondent.

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

July 17, 1973.

Attorney(s) appearing for the Case

William M. Kunstler, Center for Constitutional Rights, Louis M. Steel, New York City, Edward Leopold, Brooklyn, N. Y., Conrad J. Lynn, New York City, Chester L. Mirsky, New York City, for relator.

Frank S. Hogan, Dist. Atty. New York County, by Herman Kaufman and Robert J. Lehner, Asst. Dist. Attys., for respondent.

OPINION

TYLER, District Judge.

This is a petition for a writ of habeas corpus sued out by Robert Rice, presently incarcerated at the Greenhaven Correctional Facility in Stormville, New York under life sentence for murder in the first degree, attempted murder in the first degree and attempted robbery in the first degree.1 A new trial is prayed, or, in the alternative, an opportunity by way of an evidentiary hearing to establish...

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