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UNITED STATES EX REL. BARRETT v. McMANN

No. 68 Civ. 4080.

294 F.Supp. 1343 (1969)

UNITED STATES of America ex rel. John J. BARRETT, Petitioner, v. Hon. Daniel E. McMANN, Warden of Auburn State Prison, Auburn, N. Y., Respondent.

United States District Court S. D. New York.

January 17, 1969.

Attorney(s) appearing for the Case

John J. Barrett, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Amy Juviler, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, serving a forty-five year to life sentence at the Auburn State Prison following his conviction upon his plea of guilty to murder in the second degree, seeks his release upon a writ of habeas corpus on a claim that the conviction violated his federal right to due process of law.

Petitioner was indicted on May 16, 1950, for a felony murder, a first degree charge. His case proceeded to trial before...

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