UNITED STATES v. FOLLETTE

No. 483, Docket 31075.

395 F.2d 721 (1968)

UNITED STATES of America ex rel. Adrian ROSA, Petitioner-Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 28, 1968.


Attorney(s) appearing for the Case

Gerald W. Griffin, New York City, for petitioner-appellant.

John G. Proudfit, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The determination of guilt or innocence without trial has received increasing attention in recent years. This appeal raises yet another question of the circumstances in which a defendant will be bound by his plea of guilty in open court.

Appellant Adrian Rosa is now serving a sentence of imprisonment of from 7½ to 10 years under a judgment of conviction entered in Supreme Court...

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