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UNITED STATES v. LaVALLEE

No. 478, Docket 29561.

348 F.2d 373 (1965)

UNITED STATES of America ex rel. John McGRATH, Petitioner-Appellant, v. J. E. LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Charles R. Brainard, New York City (Roger W. Robinson, New York City, on the brief), for petitioner-appellant.

Michael H. Rauch, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

The appellant John McGrath, presently serving a state court recidivist sentence of 29 to 30 years' imprisonment based upon a plea of guilty to second degree robbery, challenges the constitutionality of his detention, contending that the plea was induced by improper mental or psychological coercion and entered without fair knowledge of the alternatives. When the case was here before, 319 F.2d 308 (2 Cir. 1963...

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