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UNITED STATES v. PEOPLE OF STATE OF NEW YORK

No. 112, Docket 28366.

323 F.2d 449 (1963)

UNITED STATES of America ex rel. Michael John HOMCHAK, Petitioner-Appellant, v. The PEOPLE OF the STATE OF NEW YORK and Warden, Green Haven Prison (As Agent), Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 14, 1963.

Attorney(s) appearing for the Case

Kevin Thomas Duffy, New York City, for petitioner-appellant.

Ronald J. Offenkrantz, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Irving Galt, Asst. Sol. Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

Michael John Homchak, the relator, was convicted on a plea of guilty of murder in the second degree on June 3, 1940, in the Queens County Court and sentenced to a term of 25 years to life imprisonment. In October 1960, relator for the first time sought a post-conviction remedy in the state courts on the ground that his plea of guilty had been induced by the unfulfilled promise of the state trial court and the state prosecutor that his sentence would not...

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