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UNITED STATES EX REL. DIBLIN v. FOLLETTE

No. 714, Docket 33670.

418 F.2d 408 (1969)

UNITED STATES of America ex rel. George DIBLIN, Petitioner-Appellee, v. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided November 17, 1969.

Attorney(s) appearing for the Case

Alfred Lawrence Toombs, Community Action for Legal Services, Inc., New York City (John DeWitt Gregory and John C. Gray, Jr., Community Action for Legal Services, Inc., New York City, on the brief), for petitioner-appellee.

John G. Proudfit, Asst. Atty. Gen., State of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Brenda Soloff, Asst. Atty. Gen., State of New York, New York City, on the brief), for respondent-appellant.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

On April 27, 1959, George Diblin was convicted of incest in violation of former N. Y. Penal Law, McKinney's Consol. Laws, c. 40, § 1110. The judgment of conviction was entered in the former New York County Court of General Sessions (Judge Samuel Pierce, Jr.) following a plea of guilty.1 On June 24, 1959, Diblin was sentenced as a second felony offender (pursuant to...

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