United States ex rel. Di Nero v. Mancusi

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, indicted for murder in the first degree and for attempted murder in the first degree, was convicted after a trial to a jury of manslaughter in the first degree and assault in the third degree. Currently serving a ten to fifteen year sentence at Attica State Prison, he seeks his release upon a federal writ of habeas corpus. He asserts that his federal constitutional rights were violated (1) when the police, at a stationhouse interrogation, elicited an inculpatory statement in violation of his right against self-incrimination and his right to…