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UNITED STATES v. LaVALLEE

No. 476, Docket 28416.

332 F.2d 890 (1964)

UNITED STATES of America ex rel. Augustine BAGLEY, Petitioner-Appellant, v. Honorable J. E. LaVALLEE, as Warden of Clinton State Prison, Dannemora, New York, Respondent-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, of the Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Philip Weinberg, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Philip Kahaner, Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

In this appeal from the denial of his petition for a writ of habeas corpus, D.C., 209 F.Supp. 529, appellant Bagley contends that a 1957 Ohio conviction, allegedly employed as the predicate for both of the New York second-offender sentences which he is presently serving, was entered in the absence of counsel. In brief, Bagley argues that the Supreme Court's decision in Gideon v. Wainwright,

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