UNITED STATES v. SUPERINTENDENT, DANNEMORA STATE HOSP.

No. 198, Docket 29988.

355 F.2d 25 (1966)

UNITED STATES of America ex rel. Peter SPINELLO, Appellant, v. SUPERINTENDENT, DANNEMORA STATE HOSPITAL, DANNEMORA, NEW YORK, Appellee.

United States Court of Appeals Second Circuit.

Decided January 10, 1966.


Attorney(s) appearing for the Case

Frances Kahn, New York City, for appellant.

Brenda Soloff, Deputy Asst. Atty. Gen., of New York (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.


PER CURIAM.

Appellant, who is presently incarcerated in Dannemora State Hospital, was convicted of first degree robbery in 1950. He attacks the validity of his sentence as a second felony offender.

Appellant claims that he was not represented by counsel, and was "mentally and legally incompetent" when he entered a plea of guilty to a robbery charge in 1938. The record shows that appellant was represented by counsel at his sentencing; no attack was made on...

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