Legal Opinion

United States Ex Rel. Birch v. Fay

District Court, S.D. New York

Decided January 4, 1961PublishedCited by 28 opinions

1Opinion of the Court

WEINFELD, District Judge.

This is an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241(a). The petitioner is confined in Green Haven Prison, Stormville, New York, pursuant to a judgment of conviction entered in November 1958, in the Bronx County Court, State of New York, on a charge of illegal possession of narcotics. 1 He was sentenced to five to ten years imprisonment. 2

The judgment of conviction was affirmed by the Appellate Division. 3 Thereafter, on May 13, 1960, the petitioner’s application for leave to appeal was denied by the Court of Appeals (Fuld, J.) and…

2Cases cited25 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Napue v. IllinoisSupreme Court of the United States · 1959
  3. Snyder v. MassachusettsSupreme Court of the United States · 1934
  4. Brown v. AllenSupreme Court of the United States · 1953
  5. Mooney v. HolohanSupreme Court of the United States · 1935

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3Cited by28 opinions

  1. United States of America Ex Rel. Hubert John Griffin, Relator-Appellant v. Hon. Thomas C. Martin, Commissioner of Correction, Onondaga CountyCourt of Appeals for the Second Circuit · 1969
  2. United States Ex Rel. Santiago v. FolletteDistrict Court, S.D. New York · 1969
  3. United States Ex Rel. Butler v. SchubinDistrict Court, S.D. New York · 1974
  4. Reese v. BaraDistrict Court, S.D. New York · 1979
  5. United States ex rel. Tangredi v. WallaceDistrict Court, S.D. New York · 1964

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