United States ex rel. Spinney v. Fay

WEINFELD, District Judge.

The petitioner seeks a writ of habeas corpus and the vacatur of a New York State judgment of conviction on the ground that his Federally protected right to a fair trial was violated. The basis of attack is that exhibits in evidence which were requested by the jury during its deliberation were submitted in the defendant’s absence and without his knowledge. His counsel was present and consented that they be sent to the jury. No appeal was taken from the judgment of conviction. Petitioner, however, several years after his conviction, presented his present claim to the…