PEOPLE v. JACKSON

Civ. No. 6481.

148 F.Supp. 757 (1957)

The PEOPLE OF THE STATE OF NEW YORK ex rel. Stephen MILO, Relator, v. J. Vernal JACKSON, as Warden of Clinton Prison, Respondent.

United States District Court N. D. New York.

February 28, 1957.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen., State of New York, Manuel T. Murcia, Asst. Atty. Gen., of counsel, for the People.

Frank D. O'Connor, Dist. Atty., Queens County, Long Island City, N. Y., Benjamin J. Jacobson, New York City, Asst. Dist. Atty., of counsel, for respondent.


FOLEY, District Judge.

The petitioner filed a petition for a writ of habeas corpus. I issued an order to show cause pursuant to 28 U.S.C.A. § 2243, because the petitioner raised the question that he was not represented by counsel at the time of his plea of guilty in the State court, and more important the contention that he exhausted his state remedies because the Appellate Division, Second Department, denied him permission to appeal as a poor person. Detailed...

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