UNITED STATES EX REL. IRVING v. CASSCLES

No. 69 Civ. 4610.

332 F.Supp. 1083 (1970)

UNITED STATES of America ex rel. William IRVING, Petitioner, v. J. Leland CASSCLES, Warden, Sing Sing Prison, Ossining, New York, Respondent.

United States District Court, S. D. New York.

March 5, 1970.


Attorney(s) appearing for the Case

William Irving, pro se.

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


EDWARD WEINFELD, District Judge.

The petitioner, who seeks a federal writ of habeas corpus to void a state court judgment of conviction entered upon his plea of guilty, now has pending undetermined an appeal in the Appellate Division, First Department, from the denial of a writ of error coram nobis. That appeal presents the same claims upon which the present petition is based. Accordingly, there has been a failure to exhaust available state remedies. See Agone...

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