United States ex rel. Bartolillo v. Lavallee

JAMES T. FOLEY, District Judge.

The petitioner was convicted after trial by jury before Judge Leibowitz of Grand Larceny First Degree, in Kings County Court in 1957. He was sentenced as a second felony offender to serve not less than six years, and no more than ten years. He appealed the conviction to the Appellate Division, Second Department and that Court assigned Attorney Samuel Bader to prosecute such appeal, and authorized the appeal to be heard on the original minutes and typewritten briefs. While the appeal was pending, Mr. Bader initiated a coram no-bis proceeding before Judge…