UNITED STATES v. FAY

No. 303, Docket 24405.

247 F.2d 662 (1957)

UNITED STATES of America ex rel. Joseph MARCIAL, a/k/a Joseph Johnson, Petitioner-Appellant, v. Edward M. FAY, Warden of Green Haven Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 16, 1957.


Attorney(s) appearing for the Case

Boris I. Bittker, New Haven, Conn., for petitioner-appellant.

Louis J. Lefkowitz, Atty. Gen., New York City (James O. Moore, Jr., Sol. Gen., Michael Freyberg and Lawrence H. Rogovin, Deputy Asst. Attys. Gen., New York City, of counsel), for respondent-appellee.

Before, CLARK, Chief Judge, and MEDINA, HINCKS, LUMBARD and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge.

This is an appeal from a denial of a petition for a writ of habeas corpus. Appellant is now serving a 10 to 30 year sentence imposed on him as a second-felony offender by the County Court of Kings County, New York, on a plea of guilty to second-degree robbery. His contention is that the sentence as a second offender is invalid because the prior conviction upon which it was based was had without due process of law. A certificate of probable cause...

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