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UNITED STATES v. CITY OF NEW YORK

240 F.Supp. 387 (1965)

UNITED STATES of America ex rel. Maurice BROWN, Petitioner, v. The CITY OF NEW YORK and Henry J. Noble, Warden, New York City Penitentiary, Respondents.

United States District Court S. D. New York.

April 20, 1965.

Attorney(s) appearing for the Case

Maurice Brown, pro se.

Frank D. O'Connor, Dist. Atty. of Queens County, Kew Gardens, N. Y., for respondents; Eugene Feldman, Asst. Dist. Atty., of counsel.

WEINFELD, District Judge.

Upon his previously entered plea of guilty to the misdemeanors of unlawful entry and attempted petty larceny, petitioner was sentenced to the New York City Penitentiary for an indeterminate term, not to exceed three years. He now seeks his release upon a claim that he was denied due process of law when, at the time of pleading, the Court failed to inform him that such a sentence could be imposed under Article 7-A of the Correction Law,

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