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UNITED STATES EX REL. PAULDING v. McMANN

No. 68 Civ. 1079.

294 F.Supp. 1140 (1969)

UNITED STATES ex rel. Perry PAULDING, Petitioner, v. Hon. Daniel McMANN, Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court S. D. New York.

January 21, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; by Lillian Z. Cohen, New York City, of counsel.

Anthony F. Marra, New York City, for petitioner; by Gretchen White Oberman, New York City, of counsel.

OPINION

POLLACK, District Judge.

This proceeding seeks to set aside petitioner's conviction in the state courts on September 20, 1962 on a plea of guilty to robbery in the first degree which resulted in a sentence of ten to twenty years in prison.

A petition for a writ of habeas corpus was denied by this Court on May 2, 1968 for insufficiency. An appeal was taken and on application of the petitioner...

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