UNITED STATES v. FAY


232 F.Supp. 139 (1964)

UNITED STATES of America ex rel. Hyman KESSLER, Relator, v. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

July 14, 1964.


Attorney(s) appearing for the Case

Hyman Kessler, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent, Lillian Z. Cohen, Deputy Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

Petitioner, now serving a sentence from two and a half to ten years at Green Haven Prison, Stormville, New York, imposed pursuant to a judgment of conviction entered upon his plea of guilty to attempted robbery in the third degree, applies for a writ of habeas corpus. He challenges the judgment of conviction as void for violation of his federally protected right to due process of law under the Fourteenth Amendment. The essence of his claim...

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