United States ex rel. Priester v. Fay

WEINFELD, District Judge.

The petitioner, after serving a substantial portion of a sentence of seven and a half to twenty years, which was imposed following his conviction by a jury of assault in the first degree, assault in the second degree and violation of section 1897 of the New York State Penal Law, McKinney’s Consol. Laws, seeks the vacatur of the judgment ox conviction on the ground that it was the result of an “extorted confession.” 1 The indictment charges centered about a shooting by the defendant of a com*630plain ant and arose out of an incident concerning payment for a ride in the…