UNITED STATES EX REL. BRADLEY v. McMANN

No. 615, Docket 33895.

423 F.2d 656 (1970)

UNITED STATES of America ex rel. John BRADLEY, Petitioner-Appellant, v. Daniel McMANN, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 3, 1970.


Attorney(s) appearing for the Case

Jack C. Auspitz, New York City, for petitioner-appellant.

Arlene R. Silverman, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty., Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before MOORE and FEINBERG, Circuit Judges, and BONSAL, District Judge.


FEINBERG, Circuit Judge.

John Bradley appeals from the denial without an evidentiary hearing of his habeas corpus petition by the United States District Court for the Western District of New York, John T. Curtin, J. In 1966, after a jury trial in the County Court for Erie County, New York, appellant was convicted of third degree burglary. Appellant's principal claim is that he was denied the effective assistance of counsel because his appointed trial counsel, although...

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