United States ex rel. Fazio v. Fay

WEINFELD, District Judge.

Petitioner, now confined to Green Haven Prison, Stormville, New York, pursuant to a judgment of conviction for first degree robbery in the former Kings County Court, seeks his release under a writ of habeas corpus on the ground that his conviction was obtained in violation of his federally protected right to due process of law under the Fourteenth Amendment. The basis of his contention is the knowing use by the prosecution of perjured testimony and the suppression by the District Attorney of evidence beneficial to him.1

Edward Daly, an accomplice in the crime charged…