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UNITED STATES EX REL. BROOKS v. McMANN

No. 375, Docket 32645.

408 F.2d 823 (1969)

UNITED STATES of America ex rel. Lewis Alexander BROOKS, Relator-Appellant, v. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 19, 1969.

Attorney(s) appearing for the Case

Joel Ziegler, Hicksville, N. Y., Matthew Muraskin, James J. McDonough, Mineola, N. Y., for relator-appellant.

Arlene R. Silverman, Deputy Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., for respondent-appellee.

Before WATERMAN and FRIENDLY, Circuit Judges, and POLLACK, District Judge.

WATERMAN, Circuit Judge:

Appellant Lewis Alexander Brooks petitioned the federal court below for a writ of habeas corpus on the ground that his guilty plea to a state charge of third degree burglary was involuntary. He alleges that at the time the New York State trial court accepted the guilty plea he had not been warned that he was thereby subjecting himself to possible additional punishment as a multiple offender. The petition was dismissed. We affirm the dismissal...

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