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UNITED STATES v. FAY

239 F.Supp. 632 (1965)

UNITED STATES of America ex rel. Henry A. BEST, Relator, v. Hon. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

March 31, 1965.

Attorney(s) appearing for the Case

Henry A. Best, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Joel Lewittes, Asst. Atty. Gen., of counsel.

WEINFELD, District Judge.

Petitioner, indicted for murder in the first degree, was permitted to plead guilty to murder in the second degree. He was sentenced to and is serving a term of from twenty years to life imprisonment. Having exhausted all available state remedies, he now seeks his release by way of Federal habeas corpus. His attack upon the judgment of conviction rests upon three separate grounds, none of which warrants Federal intervention.

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