KELLY v. UNITED STATES

No. 68 Civil 4160.

299 F.Supp. 1367 (1969)

Gary KELLY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

April 21, 1969.


Attorney(s) appearing for the Case

Gary Kelly, pro se, petitioner.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for respondent, Ross Sandler, New York City, of counsel.


MEMORANDUM

TENNEY, District Judge.

Petitioner moves under Title 28, United States Code, Section 2255, to vacate a judgment imposed upon his plea of guilty before Judge Mandelbaum of this court on May 31, 1946, which conviction was used as the basis for multiple offender treatment in the New York State Supreme Court on June 24, 1953. Petitioner is presently incarcerated pursuant to the State court judgment.

On May 21, 1946, petitioner was arraigned...

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