UNITED STATES v. WILKINS

No. 493, Docket 28261.

333 F.2d 742 (1964)

UNITED STATES of America ex rel. Edward ABAIR, Appellant, v. Walter H. WILKINS, Warden, Attica State Prison, Attica, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided June 11, 1964.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, The Legal Aid Society, on the brief), for appellant.

Barry Mahoney, Deputy Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and John DeWitt Gregory, Asst. Atty. Gen., of counsel), for appellee.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.


PER CURIAM:

In his petition for a writ of habeas corpus, Abair contends that a 1927 conviction of robbery, employed as the predicate for his present recidivist sentence, was entered in the absence of counsel.1 Finding that petitioner's allegations were afforded a "full hearing on the merits" in a 1957 state coram nobis proceeding, the District Court denied the petition on the basis of the state court record. On appeal, petitioner...

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