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UNITED STATES EX REL. RICHARDSON v. McMANN

No. 371, Docket 31402.

408 F.2d 48 (1969)

UNITED STATES ex rel. Willie RICHARDSON, Appellant, v. Daniel McMANN, Warden, Clinton Prison, Dannemora, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided February 26, 1969.

Attorney(s) appearing for the Case

John T. Baker, New York City, for appellant.

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellee, Lillian Z. Cohen, Asst. Atty. Gen., of counsel.

Before MOORE, WOODBURY and SMITH, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal from an order denying appellant's1 petition for a writ of habeas corpus, for reargument and for a certificate of probable cause without an evidentiary hearing to determine the voluntariness of appellant's plea of guilty of second degree murder in the Supreme Court, New York County (28 U.S.C. § 2253).

On March 24, 1963, two of appellant's relatives were found murdered in their apartment...

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