UNITED STATES v. FAY


210 F.Supp. 277 (1962)

UNITED STATES ex rel. Salvatore PENNISE, Petitioner, v. Edward M. FAY, Warden of Greenhaven State Prison, Stormville, New York, and the People of the State of New York, Respondents.

United States District Court S. D. New York.

October 18, 1962.


Attorney(s) appearing for the Case

Maurice Edelbaum, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondents, Gretchen W. Oberman, Vincent A. Marsicano, Asst. Atty. Gen., of counsel.


CASHIN, District Judge.

Petitioner is presently incarcerated in Greenhaven Prison, New York, as a second felony offender. He filed a petition for a writ of habeas corpus pursuant to Title 28 U.S.C. § 2242, alleging that his detention was illegal in that his first conviction, in the State of Idaho in 1941, was obtained without his being advised of his right to counsel and in ignorance of that right. In my Opinion filed August 3, 1962, D.C., 210...

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