United States Ex Rel. Weiss v. Fay

WEINFELD, District Judge.

Petitioner, Morris Weiss, now serving a sentence of fifteen to thirty years 1 at Stormville, New York, pursuant to a judgment of conviction for robbery in the first degree, entered in the County Court, Kings County, in November, 1954 upon a jury verdict, 2 seeks his release upon a writ of habeas corpus. He contends that the judgment of conviction violates his federally protected right to due process of law under the Fourteenth Amendment because the District Attorney permitted to go uneorreeted the testimony of two accomplices that no promises of leniency had been made…