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UNITED STATES EX REL. CUNNINGHAM v. FOLLETTE

No. 502, Docket 31831.

397 F.2d 143 (1968)

UNITED STATES of America ex rel. John CUNNINGHAM, Petitioner-Appellant, v. The Hon. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

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

Before MOORE, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Following a plea of guilty, appellant John Cunningham was convicted in 1964 in Supreme Court, New York County, of felonious possession of narcotics; he received a sentence as a second felony offender of five to eight years. Prior to his plea, Cunningham and his co-defendant, Barbara Davis, had unsuccessfully moved to suppress the narcotics taken from them when they were arrested. On the day of sentencing, Cunningham moved to withdraw his plea...

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