UNITED STATES v. FAY


242 F.Supp. 273 (1965)

UNITED STATES of America ex rel. Edward BROWN, Petitioner, v. Edward M. FAY, Warden, Greenhaven Prison, Respondent.

United States District Court S. D. New York.

June 1, 1965.


Attorney(s) appearing for the Case

Levy, Gutman & Goldberg, New York City, for petitioner, Jeremiah S. Gutman, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of New York City, for respondent, John De Witt Gregory, Joel Lewittes, New York City, of counsel.


WEINFELD, District Judge.

Petitioner, now serving a sentence under a state court judgment of conviction, seeks his release by way of a Federal writ of habeas corpus. His claim is two-fold. First, he contends that when, on May 26, 1943, he entered a plea of guilty to robbery in the first degree, and later when sentence was imposed, he was not fully advised of his now federally protected right to counsel. Second, he argues that even if so advised, he was incapable,...

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