UNITED STATES v. FOLLETTE

No. 68 Civ. 415.

282 F.Supp. 474 (1968)

UNITED STATES ex rel. Richard Paul BAKER, Petitioner, v. Hon. Harold W. FOLLETTE, Warden, Green Haven State Prison, Stormville, N. Y., Respondent.

United States District Court S. D. New York.

April 9, 1968.


Attorney(s) appearing for the Case

Richard Paul Baker, pro se.

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


WEINFELD, District Judge.

The petitioner, imprisoned under a state court judgment of conviction entered upon his plea of guilty, seeks his release upon a claim that the plea was involuntarily entered in violation of his federal constitutional right to due process of law under the Fourteenth Amendment. However, the charge as here presented has never been submitted to the state courts.

Petitioner, when he appeared for resentencing (as a first instead of a second...

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