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UNITED STATES EX REL. MITCHELL v. McKENDRICK

No. 68 Civ. 3057.

290 F.Supp. 661 (1968)

UNITED STATES of America ex rel. Max MITCHELL, Petitioner, v. Hon. Charles L. McKENDRICK, Warden, Wallkill Prison, Wallkill, N. Y., Respondent.

United States District Court S. D. New York.

September 26, 1968.

Attorney(s) appearing for the Case

Max Mitchell, pro se.

Louis J. Lefkowitz, Atty. Gen., of New York, New York City (Arlene R. Silverman, Deputy Asst. Atty. Gen., New York City, of counsel), for respondent.

OPINION

MacMAHON, District Judge.

Petitioner pleaded guilty to second degree murder in 1950 and was sentenced to thirty years to life. Now incarcerated under that sentence, he seeks relief pursuant to 28 U.S.C. § 2254. Specifically, he claims that an Assistant District Attorney for New York County, one Keating, told him, "if you stand trial for Murder in the first degree I will see to it personally that you get the chair," and that the same Assistant...

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