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UNITED STATES EX REL. BURKE v. MANCUSI

No. 360, Docket 33639.

425 F.2d 1061 (1970)

UNITED STATES of America ex rel. Robert T. BURKE, Relator-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 6, 1970.

Attorney(s) appearing for the Case

Edward Brodsky, New York City, for relator-appellant.

Robert S. Hammer, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., Albany, N. Y., of counsel), for respondent-appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

Robert Burke appeals from an order entered sua sponte by Judge Burke in the District Court for the Western District of New York dismissing a petition for habeas corpus, with respect to which this court granted a certificate of probable cause. This petition, like one previously denied by Judge Bruchhausen in the Eastern District of New York, attacked the validity of appellant's plea of guilty, made on February 20, 1962, in the County Court...

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