UNITED STATES v. FAY

No. 536, Docket 29687.

349 F.2d 413 (1965)

UNITED STATES of America ex rel. Robert Samuel WHITE, Petitioner-Appellant, v. Hon. Edward M. FAY, as Warden of Greenhaven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 4, 1965.


Attorney(s) appearing for the Case

Anthony F. Marra and Leon B. Polsky, New York City, on the brief for petitioner-appellant.

Louis J. Lefkowitz, Atty. Gen., State of New York, and Frederick E. Weeks, Jr., Asst. Atty. Gen., on the brief for respondent-appellee.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.


PER CURIAM.

Robert Samuel White attacks by his petition for a writ of habeas corpus his 1945 New York conviction for robbery in the second degree imposed after a plea of guilty to one count of a six count indictment and used as the basis for sentencing White on a subsequent robbery conviction to his current 5 to 10 year sentence as a second felony offender. He sought a writ of error coram nobis in the state courts and, after exhausting his remedies there, petitioned...

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