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United States v. Follette

United States Court of Appeals, Second Circuit
Nov 20, 1969
417 F.2d 1070 (2d Cir. 1969)

Opinion

No. 163, Docket 33771.

Argued October 27, 1969.

Decided November 20, 1969.

Harold W. Follette, Warden of Green Haven Prison, appeals from a judgment granting the application of the petitioner for a writ of habeas corpus and ordering the unconditional release of the petitioner from state custody unless the State of New York proceeds to retry him within thirty days from the date of the judgment, provided that the judgment be stayed pending the mandate of the United States Court of Appeals upon the filing of a notice of appeal by the respondent.

Herbert A. Lyon, Kew Gardens, N.Y. (William M. Erlbaum and Lyon Erlbaum, Kew Gardens, N.Y., on the brief), for petitioner-appellee.

Brenda Soloff, Asst. Atty. Gen., New York City (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-appellant.

Before LUMBARD, Chief Judge, and MEDINA and FEINBERG, Circuit Judges.


The judgment of the District Court is affirmed on the opinion of Judge Cooper, reported at 305 F. Supp. 277 (S.D.N.Y. 1969).


Summaries of

United States v. Follette

United States Court of Appeals, Second Circuit
Nov 20, 1969
417 F.2d 1070 (2d Cir. 1969)
Case details for

United States v. Follette

Case Details

Full title:UNITED STATES of America ex rel. William SAVINO, Petitioner-Appellee, v…

Court:United States Court of Appeals, Second Circuit

Date published: Nov 20, 1969

Citations

417 F.2d 1070 (2d Cir. 1969)